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(영문) 수원지방법원 2017.07.19 2017고단1567
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 10, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law at the Suwon Flag Flag, etc., and on August 25, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution.

[2] A person who violated Article 44(1) of the Road Traffic Act on at least two occasions, as seen above, Defendant 1 driven a G low-speed car under the influence of alcohol content of about 0.156% during blood without obtaining a driver’s license from around 10km to the front road of Pyeongtaek-si in the front of the Gyeong-si in the front of the 201:45 on January 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The Defendant committed the same kind of crime on several occasions, who was sentenced to imprisonment with prison labor for the same kind of crime on August 2016, and was sentenced to six months of the suspension of the execution, and one year of the suspension of the execution, but was still under the suspension of the execution, again committed the instant crime without reflectivity. The sentence of imprisonment is inevitable. The sentence of imprisonment with prison labor is inevitable taking into account all the sentencing conditions revealed in the trial process in each of the above circumstances.

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