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(영문) 수원지방법원 안양지원 2015.04.02 2014고단1853

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 9, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Suwon District Court on March 9, 2007, and imprisonment of 8 months as a crime of violation of the Road Traffic Act (driving) at the Ansan District Court on December 24, 2013, and two years as a suspended sentence.

On October 27, 2014, at around 22:45, the Defendant, without obtaining a driver’s license, driven a CEX car from approximately 250 meters at the section of 250 meters to the front road of the Agricultural and Livestock Quarantine Inspection Headquarters for the Agricultural and Livestock Products Quarantine Inspection Center, in the direction of 0.195% alcohol level at the 0.195 percent alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the proper driving of a drinking driver, a report on the results of the control of drinking driving, and an appraisal report on blood alcohol;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the date on which the punishment becomes final and conclusive);

1. Article 152 subparagraph 1 of the corresponding Article of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, concerning the facts of the crime (the point of a sound driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times for the same crime, and when the defendant is under the probation period for the same crime, the crime in this case has been committed in the same kind of crime, and the quality of the crime is not good, and the taking-off of drinking is relatively high, and it is inevitable to sentence a sentence even if the defendant is against the nature of the crime, the background of the driving under the influence of drinking, the age, character