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(영문) 수원지방법원 2017.09.20 2016고단7741
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On June 22, 2007, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Flag, etc. on August 2, 2007. On May 11, 2016, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the same court on May 11, 2016. On December 18, 2014, the Daejeon District Court sentenced the Defendant to one year and six months of imprisonment for fraud, etc. and completed the enforcement of the sentence on October 10, 2015.

[2] Around 03:00 on November 15, 2016, the Defendant, while under the influence of alcohol twice or more, driven a B-L car at a distance of about 300 meters from the front of the main road of the Suwon-si, Suwon-si, which is located in the Dong of the Sinwon-si, in the state of drinking alcohol concentration of 0.143% without the driver’s license, to the roads of the Dong of the Sinwon-si, Suwon-si, Suwon-si, the Defendant driven a B-L car at a distance of about 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, on-site photographs, the statement report on the situation of the driver of the vehicle concerned, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the same sentence sentence and confirmation of repeated crimes, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - All the defendants recognize criminal facts. Unfavorable circumstances - Defendant has been punished several times for the same kind of crime. The Defendant committed the instant crime without any reflectivity even though he/she was first punished one time due to drinking during the period of repeated crimes. The sentencing is ordered in consideration of all the sentencing conditions revealed in the trial process.

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