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(영문) 수원지방법원 2017.09.06 2017고단2877
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant, at around 08:50, driven D City 100 Oralb in a state of alcohol alcohol concentration of about 0.178%, without obtaining a motor device license from the front of the distance to the front of the road of the same Gu from about 2km to the road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to inquire about drivers' licenses and notify the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The circumstances in favor of the reasons for sentencing alternative to imprisonment - The defendant recognized all criminal facts. Disadvantageous circumstances - The defendant’s blood alcohol concentration is high. - The defendant has been punished several times in the same kind of crime. The defendant was sentenced to imprisonment and suspended execution on account of a crime such as violation of the Road Traffic Act (refluence of drinking), etc. on January 2016, and committed a second offense without reflectivity despite being under suspension of execution. The sentence is inevitable - the sentence is to be sentenced in consideration of all the sentencing conditions revealed in the trial process. The sentence is imposed as ordered in the above circumstances.

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