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(영문) 수원지방법원 2018.05.15 2017고단8259
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at a water source method source on November 23, 2012. On September 28, 2016, the Defendant was sentenced to a fine of five million won for the same crime at the same court on September 28, 2016.

On December 11, 2017, at around 14:20, the Defendant driven a motor vehicle with B low alcohol without obtaining a driver’s license in the state of alcohol alcohol concentration of at least 0.070%, from the roads near the shooting distance of the agricultural and fishery product market in Suwon-si, Suwon-si to the roads front of the Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of driving without a license, and report on the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, investigation report (Attachment to the same kind of power), and other relevant Acts and subordinate statutes;

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. The crime of this case for the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity, was committed on two or more occasions, and the defendant, whose driver's license was revoked on August 17, 2016, is driving without permission or driving without permission, and the nature of the crime is not less than that of the crime. In addition, the defendant was sentenced to eight months of imprisonment for non-license, driving without permission, or refusing to take a alcohol measurement at the source of Suwon method on November 23, 2012, and the defendant was found to have been punished by a fine on June 6, 2016 during the period of repeated crime, and was found to have been punished by a fine on the part of a repeated crime. However, there is a lot of possibility of criticism in that he/she was driving without permission or driving without permission.

However, the defendant recognized the crime of this case and divided his mistake.

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