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(영문) 수원지방법원 여주지원 2016.10.05 2016고단765
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 24, 2007, the defendant was issued a summary order of KRW 2 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseless Driving) at the credit support of Suwon District Court on October 24, 2007. On January 10, 2014, the same court issued a summary order of KRW 7 million for the violation of the Road Traffic Act (non-accident) and the violation of the Road Traffic Act (non-licenseless Driving). On March 25, 2016, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for 4 months.

【Criminal Facts】

On June 9, 2016, around 06:01, the Defendant driven a d-wing truck under the influence of alcohol with a blood alcohol concentration of 0.065%, without obtaining a driver's license, on the section of about 8 km in front of the Young Sea State, which is located in 19 in the front of the territorial sea area of the Republic of Korea, from around 06:01.

Accordingly, the defendant, even though he violated the prohibition of drinking driving more than twice, was driving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of survey, the statement of the state of survey, and the report on the state of survey drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. In addition, in light of the criminal records, etc. as stated in the judgment, the driver’s license was revoked around 201 in light of the following: (a) the Defendant had been sentenced to a suspended sentence of imprisonment on March 25, 2016 due to the crime of violating the Road Traffic Act (unlicensed Driving) on March 25, 2016; and (b) the Defendant committed the instant crime.

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