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(영문) 수원지방법원 여주지원 2017.06.02 2017고단313
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2] On September 1, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) on the part of the Friwon Friju on September 30, 2008. On June 11, 2009, the same court was sentenced to a fine of KRW 2.5 million for the same crime. On February 16, 2016, the Defendant was sentenced to a fine of KRW 4 million for the same crime by the same court.

[2] On March 4, 2017, the Defendant, while under the influence of alcohol at around 0.136% during blood, driven a DNA car from around 1k meters in front of the same Eup’s horizontal market parking lot No. 137 of the same Eup/Myeon to the front road of the same Eup/Myeon, without obtaining a driver’s license in the state of alcohol concentration of 0.136% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and applying Acts and subordinate statutes to investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on September 30, 2008, the Defendant issued a summary order of KRW 1 million on September 30, 2008 due to driving under drinking, and on June 11, 2009, the Defendant issued a summary order of KRW 2.5 million due to driving without a license for drinking on June 11, 2009. On February 16, 2016, even though the Defendant had the record of being issued a summary order of KRW 4 million due to driving under drinking, the Defendant committed the crime of driving without a license for drinking in the instant case, and the numerical value of the blood alcohol concentration measured and measured by drinking is considerably high.

(b) has been repeated.

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