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(영문) 수원지방법원 안양지원 2018.09.06 2018고단1013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 4,00,00 on May 16, 200 to a fine of KRW 4,00,000 for a violation of the Road Traffic Act (driving of Drinking), etc. on the support of the Sugwon method, and on October 24, 2008, issued a summary order of KRW 4,50,000 for a violation of the Road Traffic Act (driving of Drinking) at the Sugwon method, etc. on October 24, 2008. On October 12, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving of Drinking) on the ground of a violation of the Road Traffic Act (driving of Drinking) on the extension of the Sugwon method. The judgment becomes final and conclusive on October 20, 2016.

【Criminal facts” around 14:00 on March 3, 2018, the Defendant driven a B-hand car with alcohol content of at least 0.141% while under the influence of alcohol in blood without obtaining a driver’s license on about 800 meters from the south-gu Seoul Metropolitan City, Busan, to the 14:11 on the same day from the south-gu, Busan, Busan, the Nam-gu, the Busan, the Busan, the Republic of Korea, at around 14:11 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history and report investigation (report on the results of confirmation of the previous conviction of the disposition);

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 include the records of having been subject to punishment several times due to drinking or non-licensed driving. Furthermore, as indicated in the holding, the Defendant was sentenced to a suspended sentence due to drinking, but he/she was under the suspended sentence, and he/she again renders a non-licensed driving without permission without permission without permission, and the degree of alcohol concentration in the blood is high.

However, it is decided as per the disposition by taking into account all the sentencing conditions, including the fact that the defendant is erroneous and the defendant's age and environment.

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