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(영문) 수원지방법원 2019.01.15 2018고단4664
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[criminal power] On December 1, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court. On April 30, 2015, the Defendant was sentenced to a summary order of KRW 2 million for the same crime, etc. in the branch court of Suwon District Court, and on November 30, 2017, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Suwon District Court and was sentenced to a suspended sentence of two or more times.

【Criminal Facts】

1. The Defendant, at around 06:20 on August 11, 2018, driven a FE-ray car under the influence of alcohol level of 0.17% without obtaining a driver’s license, in a section of approximately 1.5km from the Do adjacent to the Sing-si C to the front road of the E elementary school located in the Sing-si, Goi-si, Young-si, Young-si, Gi-si (U.D.).

2. At around 01:50 on October 23, 2018, the Defendant driven a FEX car with a blood alcohol concentration of about 0.094% while under the influence of alcohol without obtaining a driving license from around 12km-si to the 012km 0.094% of the 0.0km-si Man-si Man-si, Hongcheon-si, Hongcheon-si to the 01:50 on October 23, 2018.

Summary of Evidence

[Fact 1 in the market, 2018 Highest 4664]

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the ledger of licenses, and the making of tea in order;

1. Photographs at the time of crackdown (the fact under subparagraph 2 at the time of plateing, the fact under subparagraph 2 at the time of altitude 6475);

1. Defendant's legal statement;

1. The ledger of driver's licenses, such as records on drinking meters, and car accident investigation;

1. On-site photographs (the previous record of the board);

1. Criminal records, inquiry reports on criminal records, pre-disposition records, results of confirmation, summary order, application of statutes on rulings;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a crime, as well as Article 148-2 (1) 1 and Article 44 (1) of the same Act (the point of a driving under the influence of sound); and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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