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(영문) 수원지방법원 성남지원 2017.02.10 2016고단343
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 14, 2014, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws in support of the Sungnam-gu Office of Friwon, and on February 4, 2015, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with labor for the same crime in the same court.

9. 10. The judgment has become final and conclusive, and on August 24, 2015, a person who has several times of the same kind of power, such as receiving a summary order of a fine of one million won due to a violation of road traffic laws (unlicensed driving) in the same court.

On October 31, 2015, at around 04:10, the Defendant driven a car with approximately two meters of CNps coo, a vehicle not covered by mandatory insurance on the front side of Sungnam-gu, Sungnam-gu, Seoul, under the influence of alcohol content of 0.12% in blood without a driver's license.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant or D;

1. A written statement of the occurrence of each traffic accident of E and F;

1. Investigation report (Application of the ADmark);

1. Investigation report on the actual condition of traffic accidents, report on the detection of drivers engaged in driving (No. 15 times a year), report on the actual condition of drivers engaged in driving (no. 16 times a year), report on the circumstances of unlicensed driving, and inquiry into the mandatory insurance;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history, a written reply to inquiry about criminal history, reporting prior convictions, and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is the criminal records of the criminal defendant (reoffending after one month after the judgment of the suspended sentence becomes final), the drinking volume, the escape during the trial, and the pro-Japanese of the criminal defendant.

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