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(영문) 수원지방법원 평택지원 2016.12.07 2016고단2075
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Sitewon, on January 7, 2014, a summary order of KRW 5,00,000 as a fine for the same crime in the same court on January 7, 2014, and on April 13, 2015, a summary order of KRW 7,00,000 as a fine for the same crime in the same court on the same day.

Although the Defendant had been punished for drunk driving twice, on September 18, 2016, at around 09:26, the Defendant driven a B X-ray car without obtaining a driver’s license with a blood alcohol concentration of about 0.054% at the 1km section from the nautical miles-ro in the New Village of Pyeongtaek-si, Pyeongtaek-si to the southyang-si located in about 65-37, both of which are located in the same Eup/Myeonn-si.

around 10:30 on October 21, 2016, the Defendant driven C vehicle without obtaining a driver’s license from the Do in front of the Heak apartment located in Pyeongtaek-gu, Pyeongtaek-gu, Seoul, Seoul, to the front of the gold dkm in the gold dkm of the same city.

Summary of Evidence

"2016 Highest 2075"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Each police investigation report;

1. Previous convictions: Criminal records "2016 Highest 2349";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to police investigation reports (report on the situation of driving without a license);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; 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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

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