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(영문) 수원지방법원 2017.10.11 2017고단3694
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on August 5, 2009, the summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Dong District Court on January 8, 2010, the summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon District Court on August 8, 201, the summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon District Court on August 8, 201, and the summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon District Court on January 18, 201, and the same court on January 26, 2017 was sentenced to a suspended sentence of two years for a period of one year and February.

[2] On March 31, 2017, the Defendant: (a) was a person who had a driving force of drinking not less than twice; (b) was driving a Cpoter freight not covered by mandatory insurance without obtaining a driver’s license from approximately 2 km section from the road in the Republic of Korea in the Republic of Korea in the Republic of Korea of the Republic of Korea of the Republic of Korea to the road in front of the headquarters of the Marine Corps, which was located in the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of 01:58 on March 31, 2017, to the road in front of the headquarters of the Marine Corps.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, on-site photographs, the ledger of driver's licenses, details of revocation of driver's licenses, and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the previous confirmation), and text of judgment, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are favorable to the reasons for sentencing.

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