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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1815

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant driven a car without a driver’s license in the state of alcohol concentration of approximately 0.183% from the 7km section of approximately 7 km from the 61st day of the 61st day of the [Attachment-gu, Ansan-si, Ansan-si, the upper day of the 61st day to the 367st day of the Gu, and the front day of the high school.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by comprehensively taking into account the following normal relation:

- Unfavorable circumstances: The fact that drinking value is high, the fact that each person was punished for driving under drinking and driving without a license in 2017, and repeated again in a short period: The fact that confessions and reflects, and there is no previous conviction exceeding the fine.