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(영문) 수원지방법원 안양지원 2017.11.16 2017고단655
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant was sentenced to one year and six months of imprisonment, and three years of suspended execution on July 13, 2016, for the crime of violation of road traffic law (driving) and violation of road traffic law (licensed driving) in the support for the development of a water source method, the Defendant is still under suspended execution, for which the judgment became final and conclusive on July 13, 2016.

Criminal facts

On January 11, 2017, the Defendant driven CM520 automobiles under the influence of alcohol content of 0.154% in alcohol while under the influence of CM520 automobiles without obtaining a driver’s license from the front line of the Dong name of Seocho-si, Sucheon-gun, Gangwon-do to the roads near 150km-gu, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

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

1. The driver's license ledger;

1. Inquiry into criminal history, report on investigation (the confirmation of a crime during the period of suspended execution A), and application of the statutes of the judgment text;

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. The Defendant was punished several times due to drinking or unlicensed driving, and in particular, the Defendant again committed the instant crime despite the suspension of execution due to a violation of road traffic laws, etc., and the Defendant’s blood alcohol concentration at the time of the instant case was considerably high. In light of the fact that the Defendant’s blood alcohol concentration at the time of the instant case was considerably high, the Defendant’s liability is heavy.

I would like to say.

However, it is decided as per the disposition by comprehensively considering the fact that the defendant is against the defendant and all other sentencing conditions such as the age, environment, etc. of the defendant.

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