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(영문) 수원지방법원 안산지원 2018.11.01 2018고단2965
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 22, 2007, the Defendant stated a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the source method of water source, and on July 13, 2009, the facts charged are as follows: “ August 13, 2009.” However, it is obvious that the Defendant is a clerical error.

The same court has been sentenced to a fine of one million won due to a crime of violating the Road Traffic Act (drinking), and a fine of one million won due to a crime of violating the Road Traffic Act (dacting driving) in the same court on October 8, 2014.

On July 4, 2018, without obtaining a license for a motor device bicycle, the Defendant driven a 3km d (VD125) d (VD125) off the front of the “C” road located in Sinung-si B from Sinung-si, Sinung-si, 0.128% alcohol concentration in the blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. The sentence shall be determined by taking into account all the circumstances shown in the record, including the following circumstances, for the reasons for the selective sentence of imprisonment;

The favorable circumstances: The degree of alcohol concentration is not low; the person has already been punished several times, such as drinking and non-licensed driving, and even if he/she has been given the last opportunity by a suspended sentence, the person has again committed a crime.

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