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(영문) 수원지방법원 2017.12.06 2017고단1352
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 31, 2017, the Defendant driven Gland 1352 with approximately 0.14% alcohol concentration at around 6km-dong 134-5 in the direction of the vehicle without obtaining a driver's license from the adjacent road of the mutual infinite restaurant located in the Yyang-dong in Ansan-gu, Ansan-si to the 134-5 Cheongdong-dong-dong.

On June 11, 2017, the Defendant driven a H car without obtaining a driver's license in the section of approximately 1.5 km from the front of the 21-lane apartment to the front road of the 707 U.S. in the flow of the 201-lane, in the fluence city around 15:55, on June 11, 2017, the Defendant driven a H car without obtaining a driver's license.

Summary of Evidence

"2017 Highest 1352"

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. A traffic accident report, a statement of the circumstances of driving at the main place, and a driver's license register "the 2017 Highest 4,985";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the 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) concerning each of the relevant facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Traffic Act of Jan. 31, 2017 and a person who violates the Traffic Act of any other person and traffic Act of any other person, and a punishment imposed on a person who violates the Road Traffic Act of any other person shall be imposed more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Articles 38(1)2, and 50 of the Act on the Aggravated Punishment of Concurrent Crimes - All the circumstances favorable to the sentencing of the Defendant - No one who has been punished for a fine exceeding the fine for the same crime - No one who has been punished for a same crime - The Defendant had the record of having been punished several times for the same crime, and was punished for a fine twice for the same crime in 2016. The Defendant was sentenced to imprisonment with prison labor by a suspended sentence and at the time of each of the instant crimes.

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