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(영문) 수원지방법원 2017.08.29 2017고단2229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On January 16, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Suwon Flag Flag, and on May 28, 2010, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court on May 28, 2010, and was subject to criminal punishment four times for the same crime.

[1] On March 16, 2017, the Defendant, who violated Article 44(1) of the Road Traffic Act two times or more, driven a C Span-type car under the influence of alcohol leveling 0.188% from the 6km section of approximately 6km to the front road of the right line line line in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City on March 16, 2017.

2. On May 28, 2017, the Defendant, “2017 Highest 4345,” without obtaining a driver’s license, driven a vehicle with approximately KRW 8 K K cS-type C in the front side of Ansan-si, Ansan-si, Annsan-si, Annsan-si 3-ro 8 Hanyang apartment at the end of the 8-gu, Annsan-si, Annsan-si, Annsan-si, the alcohol level of which is 0.126% while under the influence of alcohol from blood at around 15:20 on May 28, 2017.

Accordingly, the defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle again and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

[Judgment 1] Facts 1, 2017 Highest 2229]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home [the facts set forth in the judgment, the second sentence 4345, the second sentence 2017];

1. Statement by the defendant in court;

1. Notification of the crackdown on driving of alcohol, the ledger of driver's licenses for motor vehicles and making an inquiry into the vehicle;

1. Scenic field photograph (the previous offense before judgment);

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to traffic crime records, such as drinking driving, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. The Commercial Concurrent Crimes Act.

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