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(영문) 수원지방법원 안양지원 2017.07.18 2017고단804
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 5, 2008, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and on April 30, 2015, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (drinking on the Aggravated Punishment, etc.).

[2] On April 6, 2017, the Defendant, without obtaining a driver’s license, driven a C-observer car with approximately 50 meters alcohol concentration of about 0.166% from the Hanyang River parking lot in the Hanyang-gu, Manyang-gu, Manyang-si to the Hanyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, annyang-gu,

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act - Reasons for sentencing under Article 55(1)3 of the Act on Reduction of Small Quantity - The defendant's mistake is recognized, the distance of driving under the influence of alcohol is very short, the defendant, like the previous record, has been punished several times for the same crime, and the defendant committed the crime of this case during the suspension period due to the same crime, and the blood alcohol concentration is high;

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