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(영문) 수원지방법원 여주지원 2018.08.29 2018고단545
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history of crime] On November 21, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving in Drinking) at the inn of the Suwon Friwon Friwon Friju, and on November 2, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving in Drinking) at the Sungnam Friwon Friwon Friwon Friju support, and on July 30, 2010, the Defendant was sentenced to a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving in Drinking). On October 13, 2017, the Defendant was sentenced to a suspended sentence of one year and three years.

[Criminal facts] On April 30, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on April 10, 2018, driven a 6km B car string car from the Gyeyang Park restaurant located in the Gyeong-gun Blue coal 0.091% of alcohol level in the blood, to the 45-day B car at the 45-meter B car in the Gyeong-gun Blue-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of statutes attached to judgment;

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. The Defendant had a record of being punished several times due to drinking and unlicensed driving, and the Defendant again committed the instant crime even during the grace period after being sentenced to a suspended sentence of imprisonment due to drinking, driving without a license, etc.

The crime of this case is committed.

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