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(영문) 수원지방법원 안산지원 2017.09.13 2017고단2096

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant issued a summary order of a fine of KRW 5 million for a violation of road traffic law (drinking driving) in support of the development of a water source method, etc. on August 29, 2014, and this part of the criminal records were omitted in the facts charged, but appears to be erroneous in light of the applicable provisions of the law

On January 18, 2017, the Ministry of Land, Infrastructure and Transport was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (driving) in the support for the development of the methods of water sources and Ansan.

On June 17, 2017, around 06:38, the Defendant driven a DK7 car under the influence of alcohol content of 0.119% while under the influence of alcohol without obtaining a driver's license from around 53 meters from the 53rd-ro of the Jeju Jeju Jeju Jeju Island to the 520-171rd-ro of the Jeju Jeju Jeju Jeju Island.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire about criminal history and report on criminal investigation (the report on the confirmation of recidivisms during the period of two times or more drinking and suspension

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 Criminal Act for mitigation of weight is that the defendant, while having four previous drivers of drinking alcohol and three previous drivers of license, once again drives a drinking or non-license during the period of suspension of execution while he/she has three previous drivers of driving alcohol, and the result of the drinking level is also a level of full reading, making it difficult to expect the correction of the defendant as well as the correction of the defendant.

Since it appears, the sentence shall be imposed on the sentence, and the defendant is seriously against the defendant, has dependents, and the social relationship is clear, it shall be determined by the sentence like the order in consideration of the favorable circumstances.