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(영문) 수원지방법원 2018.07.12 2017고단5799
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 31, 201, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board on August 31, 201, and on November 22, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime, and the said judgment became final and conclusive on July 7, 2017.

[Criminal facts] On July 21, 2017, the Defendant driven B car rental cars to the front road of the horizontal distance of 882 square meters in Suwon-si, Suwon-si, the lower court, under the influence of alcohol of 0.196% during blood, without obtaining a driver’s license on July 21, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A motor vehicle driver's license ledger, inquiry into the main office, and inquiry into international licenses;

1. Report on the circumstances of a driver driving a drinking and report on the results of regulating drinking driving;

1. A report on internal investigation:

1. Previous conviction: Application of Acts and subordinate statutes to inquire into data about crimes and investigation experience of foreigners, each investigation report (Attachment of a copy of the judgment, a copy of the summary order), a copy of the judgment, and a copy of the summary order;

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. The circumstances that are disadvantageous to the defendant for the reasons for the sentencing of selective sentencing of the punishment: The degree of the punishment is serious, and four times the same kind of crime is committed during the suspension period of execution. In general, the sentencing conditions provided for in Article 51 of the Criminal Act are included in the criminal

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