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(영문) 수원지방법원 여주지원 2018.02.23 2018고단121
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 5, 2007, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) on the support of drinking water sources by the Friju on March 5, 2007, a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) on August 28, 2007, and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) on December 28, 201, in the support of drinking water sources by Friju on December 28, 201, and on June 20, 2017, the judgment became final and conclusive on June 28, 2017.

On November 07, 2017, the Defendant driven a CM3 car under the influence of alcohol level of 0.164% while under the influence of alcohol level of 0.164%, without obtaining a driver’s license, from a scam on the scam, which is located in the scamlum rock, to the front road in front of the scamlum long-term care hospital located in the same city of Gangseo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Report on the circumstances of driving without a license;

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

1. Computer inquiry about driver's licenses;

1. Investigation report (the report on the confirmation of the same record during the period of suspension of execution and);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licensed driving). Punishment of the crimes of violation of the Road Traffic Act which are heavier than punishment;

1. Selection of imprisonment with prison labor chosen;

1. The rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity and the reflection thereof are considered as favorable circumstances. However, the fact that the instant crime was committed during the current suspended execution period is considered as unfavorable circumstances.

The same kind is applicable to this.

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