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(영문) 수원지방법원 안산지원 2013.11.07 2013고단2267

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to a fine of five million won for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on February 2, 2012, and was sentenced to a suspended sentence of two years for the same crime in the same court on July 2, 2010.

On July 23, 2013, at around 22:20, the Defendant, without a driver’s license, driven a B-cub vehicle from the front side of the YC building in Ansan-si to the front side of the Ansan Arts Complex located in the same 817, under the influence of alcohol level of 0.152% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the situation of driving without a license, report on the situation of driving without a license, report on the status of driving with a driving without a license, report on the status of driving with a driving with a driving without a license, record of measuring the state of drinking, inquiry into

1. Inquiry reports on criminal records, etc., investigation reports, written judgments, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that the defendant has a depth of his mistake, etc.) lies in favor of the defendant. However, the defendant has a variety of previous crimes, including criminal records of suspended execution due to the same kind of crime, and each of the crimes of this case is very heavy in light of its contents, etc., the punishment like the order should be imposed in consideration of the motive and circumstance of each of the crimes of this case, circumstances after the crime, the defendant's age, occupation, family relationship, health condition, etc.