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(영문) 수원지방법원 여주지원 2016.08.31 2016고단353
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant is a person who was sentenced to a fine of two million won on September 21, 2007 to a violation of the Road Traffic Act (drinking driving), a fine of two million won on July 25, 2008 to a violation of the Road Traffic Act (drinking driving), a person who was sentenced to a suspended sentence of six months on April 17, 201 to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court's District Court on April 201 to a violation of the Road Traffic Act (drinking driving).

[2] On March 26, 2016, the Defendant: (a) driven a car with Cone Star under the influence of alcohol content of 0.189% while under the influence of alcohol, without obtaining a driver’s license, at approximately approximately 15km section from the Yong-gun’s Yong-gun’s official plane to the same Doang-si.

Therefore, even though the Defendant violated the prohibition of drinking driving at least twice, the Defendant violated the prohibition of drinking driving again, and simultaneously driven without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);

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

1. Selection of imprisonment with prison labor chosen;

1. In addition, the defendant, who had been punished several times due to the same kind of crime with reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for sentencing, committed the instant crime during the period of suspension of execution, considering not only the defendant committed the instant crime during the period of suspension of execution, but also the circumstances, which seem to have been the same as the motor vehicle driven by the defendant at the time of the transfer of the motor vehicle driven, and thus continued to drive, sentence the

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