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(영문) 수원지방법원 안산지원 2018.10.05 2018고단2121

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 30, 2007, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking), and on September 14, 2012, the Defendant received a summary order of KRW 5 million as a fine for a crime of violating the Road Traffic Act (drinking to take measurement of drinking), and on July 2, 2014, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking to drinking), and on October 2, 2014, the Defendant was sentenced to a summary order of KRW 7 million as a fine for a crime of violating the Road Traffic Act (drinking to drive under drinking), and on April 22, 2016, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a violation of the Road Traffic Act (drinking to drive under the influence of drinking) from the Suwon method at the same court.

On January 2, 2018, around 05:0, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.137% without the driver’s license from around 2 km to the 93rd road of the members of Ansan-si, Ansan-si, a member of Ansan-si.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A);

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of a report on investigation (Attachment to the previous convictions);

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the defendant recognized the facts charged, efforts are made to prevent recidivism, such as receiving a certificate of respect for alcohol alcohol after the case and disposing of vehicles, and support the neighboring family under difficult circumstances.