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(영문) 수원지방법원 2017.10.17 2017고단4664
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the source of water source method on September 20, 207; on April 3, 2009, the same court issued a summary order of KRW 1.5 million as a fine for the same crime; on April 9, 2010, the same court issued a summary order of KRW 1.5 million as a fine for the same crime; and on February 15, 2017, the Defendant was a person who had been punished twice or more due to drinking by a summary order of KRW 6 million as a fine for the same crime.

On July 1, 2017, the Defendant driven a DF small-scale car under the influence of alcohol with approximately 0.058% alcohol concentration in blood without obtaining a driver’s license from the section of around 500 meters from the 15th road to the front road in the 386-5, which was located in the 386-5 road from the 15th road, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the 386-5th road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (a summary order accompanied);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Each of the instant crimes on the grounds of sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Act on the Reduction of Small Quantity (the favorable circumstances examined in the latter) has been punished twice or more due to driving of alcohol, but the driving of a vehicle under the influence of alcohol at least 0.058% without a driver’s license without a driver’s license is not good and its nature is not good. The Defendant was punished four times for the same crime of violation of traffic law on the road, as well as for the same crime of violation of traffic law on the road.

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