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(영문) 수원지방법원 여주지원 2016.11.04 2016고단1038
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Seized Cost Sheet 1 (C, No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On May 25, 2006, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act (non-licenseless Driving) at the credit support of Suwon District Court on April 25, 2006, and on November 20, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (non-licenseless Driving). On February 11, 2011, the same court issued a summary order of 1 million won for a crime of violation of the Road Traffic Act to a summary order of 1.0 million won on April 10, 201. In the credit support of Suwon District Court on April 10, 2012, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act (driving without a license) and on June 9, 2014, the same court was sentenced to a fine of 1.11 criminal license for a drunk driving without a license.

On August 31, 2015, the Defendant sentenced eight months to imprisonment for a violation of the Road Traffic Act, etc. in the credit branch of Suwon District Court on August 31, 2015, and completed the execution of the sentence on March 11, 2016.

【Criminal Facts】

On August 8, 2016, the Defendant, at around 09:40, driven Cone Star Co., Ltd in a section of about 3 km from the front day of the road operated by the Defendant in E-si, E to the unit in E-si, E-si, E-si, E-si, 1508, without obtaining a driving license under the influence of alcohol content of 0.068%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (applicable to the same kind of criminal records and repeated crimes) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act).

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