beta
(영문) 수원지방법원 안양지원 2013.07.02 2013고단504

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 14, 2006, the Defendant was sentenced to the suspension of the execution of imprisonment for 6 months at the Suwon District Court for the violation of the Road Traffic Act, and on June 13, 2012 at the Ansan District Court for the same crime, etc., and on December 11, 2012, the Defendant completed the execution of the said imprisonment.

On March 6, 2013, at around 22:50, the Defendant driven a B 2 freezing vehicle with approximately 50 meters alcohol concentration of about 0.160%, without a vehicle driver's license, from the road in front of the Hanyang-dong Southern-dong market in Ansan-dong to the road in front of the same Hanjin-dong Oil Station.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of driver's license, report on the situation of driving under driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and report on the situation of driving without

1. Previous convictions: References to criminal records and application of Acts and subordinate statutes reporting criminal investigations;

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. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);