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(영문) 수원지방법원 안산지원 2018.06.08 2018고단1208

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Suwon Friwon on January 19, 2007, and a fine of KRW 1 million for a violation of the Road Traffic Act at the support of the Suwon Friwon Friwon on April 1, 2015. On November 9, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) at the same court.

【Criminal fact-finding on March 6, 2018, the Defendant driven a Fbee cruise car without a driver’s license in the state of alcohol concentration of approximately 0.163% in blood at approximately 500 meters from the front side of the C hotel located in Silung City B to the front side of E in Silung City, from March 6, 2018

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol in violation of the same provision without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

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

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows; comprehensively taking account of various circumstances, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the crime; and the circumstances following the crime, etc., the sentencing conditions specified in the instant argument shall be determined as ordered.

[Unfavorable Conditions] The Defendant is a crime of violating the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).