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(영문) 수원지방법원 2017.02.01 2016고단976
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2008, the Defendant issued a summary order of KRW 200,000,000,000 by the same court on July 23, 2010 due to the same crime, etc. on the grounds that the Defendant violated the Road Traffic Act (driving) at the source of a water source method. On November 21, 2008, the Defendant was issued a fine of KRW 4 million by the same court on July 23, 201, and a fine of KRW 5 million by the same court on November 15, 201.

On March 3, 2016, at around 23:05, the Defendant driven a B-hand car with alcohol content of at least 0.205% while under the influence of alcohol without a driver's license from the front of the 300-meter radius in the front of the jun-si, Gan-si, Gan-si to the south East-dong located in the same Gu.

2. On September 10, 2016, the Defendant: (a) driven a B-hand car at the 2km section without a driver’s license on September 10, 2016 at the roads located in the vicinity of the Yando-gu, Young-gu, Young-gu, Yan-si, Yan-si, and the roads located in the vicinity of the Kando-dong, Yando-dong, Yando-dong, Yan-gu, and Yando-do-dong, 387-1.

3. The Defendant, around 05:55 on June 16, 2016, the 2016 Highest 6119, driven a vehicle B, without obtaining a driver’s license, at a section of about 300 meters from the front of the insular road (hereinafter referred to as the “insular road”) to the 1st road of the 300-lane 17, Cheongnam-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The ledger of driver's licenses of each motor vehicle;

1. Criminal records as stated in the judgment: Application of a reply to inquiries, such as criminal history, investigation report (the previous confirmation of such past history), and summary order in three copies of the Act and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. To refrain from repeating an offense against Article 53 and Article 55(1)3 (a) of the Criminal Act (i.e., the nature of an offense) of the mitigated amount;

(2) Doese.

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