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(영문) 수원지방법원 여주지원 2015.08.17 2015고단607
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2007, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act in the main branch of the Chuncheon District Court on March 15, 2007. On September 16, 201, the Defendant issued a summary order of KRW 1,00,000 for a fine of KRW 1,00 as a crime of violating the Road Traffic Act in the branch of the Suwon District Court on September 16, 201, and on September 27, 2013, the Defendant issued a summary order of KRW 5,00,000 for a fine of KRW 1,50 as a crime of violating the Road Traffic Act (driving)

Criminal facts

On July 7, 2015, at around 16:45, the Defendant driven a motor vehicle B with low alcohol level without obtaining a driver's license in the state of alcohol level of about 1 km from the front of the Gangwon-do nuclear power reactor, which is located in the Changdong-dong, to the front of the Central Seongbuk-dong in the same city, to the front of the Central Seongbuk-dong.

As a result, the Defendant, even though driving under the influence of alcohol more than twice, was driving a motor vehicle again while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (verification of criminal records of the same kind as the accused), and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that an order to attend a lecture had several records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, it should be sentenced to strict punishment in light of the fact that the crime of this case was committed again. However, it is ordered as ordered in consideration of the reason for sentencing under Article 51 of the Criminal Act, such as the confession

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