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(영문) 수원지방법원 여주지원 2016.10.19 2016고단854
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 13, 2009, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act in the credit support of the Suwon District Court on February 13, 2009, and on July 5, 2016, the same court issued a fine of KRW 4 million for the same crime, and has a total of 10 times the record of punishment for a violation of the Road Traffic Act.

【Criminal Facts】

On August 8, 2016, at around 09:48, the Defendant driven B, under the influence of alcohol concentration of about 0.051% without obtaining a driver's license, from the road located in the Ethical Republic of Korea, to the front road of the single-month sewage treatment plant located in the same side.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In addition, in consideration of the fact that the instant crime was committed on or around May 27, 2016, since there was a history of punishment several times due to the crime of traffic-related crimes, such as the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, drinking without a license, driving without a license, etc. (one time of imprisonment, one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and eight times of fines), the sentence as above is imposed, considering the fact that the instant crime was committed during the period of time when it was controlled by drinking driving

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