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(영문) 수원지방법원 2016.01.21 2015고단5935
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to 10 months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Suwon Franchising Station on August 23, 2014, and the execution of the sentence is terminated at the Innju Prison on August 23, 2014, and on August 26, 2015, the Defendant issued a fine of KRW 9.5 million to a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions, such as receiving a summary order on August 26, 2015.

1. On July 6, 2015, the Defendant, at around 01:20 on July 6, 2015, driven a car free of license in the section of about 1 km from the port of port passenger bus terminal located in 1486 to the smooth distance of about 1km in the same Gu, under the influence of alcohol without a driver’s license, at around 01:20 on July 6, 2015, the Defendant driven a car free of license.

2. On December 7, 2015, the Defendant driven a Crane car at a 380-meter radius from the front side of the road to the point where the CU convenience store located in the 14th width of the same Gu in the front side of the road, in a state of under the influence of alcohol of 0.117% in blood during blood on December 7, 2015 without a driver’s license, at around 02:50 on December 7, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A driver's license inquiry;

1. The sericultural person is the suspect;

1. The circumstantial report on the driver involved and the report on detection thereof;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (a copy of the judgment and summary order), and application of Acts and subordinate statutes to report criminal investigations (prior offense);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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