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(영문) 수원지방법원 평택지원 2016.01.13 2015고단1779
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 14, 2015, the Defendant 2015 Godan 295 driving the Fone Star Sheet in approximately 100 meters section from the front of the fright restaurant to the road adjacent to the above fright restaurant without obtaining a driver's license on February 14, 2015.

On July 24, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking) at the early branch of the Chuncheon District Court on July 24, 2012. On October 24, 2013, the Defendant was sentenced to a suspended sentence of 10 months for a violation of road traffic law (drinking).

Although the Defendant had a alcohol driving force twice or more as above, on March 13, 2015, he operated G vehicles without obtaining a driver’s license in the state of under the influence of approximately 0.105% alcohol level from the road near the Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, to the front road of the high-priced level.

Summary of Evidence

[2015 Highest 295]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license (2015 highest 1779);

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

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

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 each sentence of imprisonment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the defendant recognized the facts charged in this case and reflects his mistake, and that he will not repeat again.

They are favorable to the defendant.

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