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(영문) 의정부지방법원 2017.09.12 2017고단405
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 21, 2010, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws at the Seoul Northern District Court on April 21, 201, ten months of imprisonment with labor for the same crime in the same court on August 18, 2016, and two years of suspended execution as of November 18 of the same year, and the judgment became final and conclusive on November 18 of the same year, and has been punished twice or more for a crime of violating road traffic laws (driving under drinking).

[Criminal facts] On November 6, 2016, the Defendant driven the volume of DW 535GGT car without obtaining a driver’s license from around 700 meters in the direction of alcohol level from around 200 meters to around 268 in the same Eup/Myeon (U.S.) in the direction of the same Eup/Myeon (U.S.) in the south-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the mitigated Criminal Act and Article 55(1)3 (the equity in cases where a judgment is to be rendered simultaneously with the crime of violating the Road Traffic Act, for which the judgment has become final) of the mitigated Criminal Act on the grounds of sentencing, the Defendant had a higher alcohol level at the time of driving of the instant drinking (0.136%). The Defendant has a higher alcohol level at the time of driving of the instant drinking (0.136%) six criminal records and seven criminal records for driving without a license, and the Defendant has a higher criminal record at least one time, two criminal records and two criminal records for a suspended sentence due to driving of drinking, and repeats the instant drinking and non-exclusive licenses during the appellate trial while being sentenced to a suspended sentence due to a previous driving of drinking.

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