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(영문) 수원지방법원 여주지원 2016.08.31 2016고단662
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The defendant was issued a summary order of KRW 1.5 million on February 20, 209 to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on September 24, 2009). On April 10, 2009, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving on drinking) and a violation of the Road Traffic Act (licenseless driving). On December 13, 2013, the court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving on drinking), and on September 24, 2015, the court issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act ( Drinking on September 24, 2015) and for a violation of the Road Traffic Act (licensed driving on September 24, 2015).

[2] On June 2, 2016, the Defendant driven a motor vehicle with a blood alcohol level of about 1 km from the front of the central shooting distance in the Chang-dong, Leecheon-si to the front road of Shabro 98 in the same city-ri Station, and without obtaining a driver’s license, under the influence of alcohol level of about 0.177%, from the 1km section of around 1km to the Shabro 98.

As a result, the Defendant, even though he violated the prohibition on drinking at least twice, was driving at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an inquiry report (verification of criminal history of a suspect) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant who has been punished several times for the same kind of crime with the same reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

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