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(영문) 수원지방법원 안양지원 2018.10.12 2018고단1262
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 4, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving in drinking), and on October 23, 2009, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving in drinking), and on November 9, 2017, issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving in drinking in driving in driving in driving in driving in driving in driving in driving in driving method).

[2] On May 16, 2018, the Defendant, without obtaining a driver’s license, driven a B B B B B B B B B B lue vehicle on the road front of the new elementary school located in the front of the new era, while he was aware of the alcohol concentration of 0.198% in the influence of alcohol during his blood around 12:30 on May 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (refinite filing of summary orders), and application of the statutes governing summary orders;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act seems to be recognized and reflected.

However, there are three times and two times each of the records of punishment for drinking driving and non-licensed driving, and criminal records of the suspension of the execution of imprisonment due to this type of crime.

The degree of state practice is very serious.

After being sentenced to a fine due to drinking driving, the crime has been committed again.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.

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