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(영문) 수원지방법원 성남지원 2017.03.03 2016고단3743
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 21, 2016, the Defendant is a person who has the record of receiving a summary order of a fine of five million won or more for a violation of road traffic law (drinking) from the Sungnam branch support on November 21, 2016, and a person who has received a summary order of a fine of four million won or more for the same crime from the Chuncheon District Court on November 14, 2013.

"2016 Highest 3743"

1. On November 14, 2016, the Defendant driven a D-to-purd vehicle without obtaining a driver’s license of around 00:30 on November 14, 2016, while under the influence of alcohol concentration of 0.153% in blood at the three-meter portion of the road in front of the convenience store in Gwangju City, Gwangju.

In the end, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle without a license under the influence of alcohol.

"2016 Highest 4258"

2. On December 3, 2016, the Defendant, without obtaining a driver’s license on a vehicle at around 22:16, driving a D-do-pured vehicle in the state of alcohol alcohol concentration of about 10km from the influent land of Gwangju City to the front road of the CU convenience store located in 198-3 of the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ri to the same city.

Therefore, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

"2016 Highest 3743"

1. Statement by the defendant in court;

1. Reports on traffic accident, reports on the circumstances of driving at home, and reports on the results of regulating drinking;

1. The driver's license ledger;

1. An accident site photograph "2016 Height 4258";

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The "criminal history" of the motor vehicle driver's license ledger;

1. 2016 Highest 3743: References to inquiries, such as criminal history (A), investigation reports (a) and copies of summary orders);

1. 2016 highest 4258: Application of Acts and subordinate statutes on investigation reports (verification of criminal records A by a suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, the applicable law, and the traffic law of each of the choice of punishment.

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