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(영문) 수원지방법원 평택지원 2018.06.20 2017고단572
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

"2017 Highest 572"

1. On February 10, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.224% from the front of the Aju apartment house located in the same Dong, which was located in the 146 Pyeongtaek-si Roon-ro, from the front of the Aju apartment house located in the same Dong to the front road of the said 106 parking lot.

"2017 Highest 1639"

2. On July 15, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of a BKan-F car without obtaining a driver’s license on July 15, 2017, and operated approximately 10 meters on the front of Pyeongtaek-si C.

Summary of Evidence

"2017 Highest 572"

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report of the driver employed at the main place;

1. "Written response to a request for appraisal" 2017 high group 1639;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

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

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (in cases of drinking) of the Road Traffic Act, Article 152 subparagraph 1, 43 (in cases of driving without a license) of the Road Traffic Act and the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act are recognized, and there is no record of criminal punishment exceeding the fine. However, in light of the fact that driving of drinking without a license has been subject to two times of criminal punishment due to driving of drinking, driving of drinking without a license, driving without a license at drinking, and driving without a license at drinking for not more than five months thereafter, and that the alcohol concentration in blood is considerably high, the punishment for the crime is not easy, after comprehensively taking into account the following factors: (a) the Defendant’s age, sexual behavior, environment, circumstances leading to the crime, circumstances leading to the crime, etc.; and (b) the punishment is determined as per the order.

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