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(영문) 수원지방법원 안산지원 2018.05.17 2018고단932
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 10, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. on the support of the Sugwon method, and on October 8, 2015, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving), and on March 23, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (drinking driving).

[2] Although the Defendant had the record of violating the driving under the influence of alcohol two times or more, the Defendant 1 driven the CF car in the state of under the influence of alcohol 0.15%, without obtaining a driver’s license from the front side of the “Korea-Japan Pool in the seat of the Suwon-si, Suwon-si, Suwon-si, which is located at around 09:20 on March 5, 2018, to the front road of about 3.5 km from the 3.5 km in the border of the same Si/Gu, and driving the CF car under the influence of alcohol 0.115% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: The application of inquiries about criminal history, each summary order, and copies of written judgments to Acts and subordinate statutes;

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. The crime of this case, which is the reason for sentencing the choice of imprisonment with prison labor, is not only the crime of this case, but also the life, body, and property of another person, and is very bad.

Although the Defendant had been punished twice due to drinking driving since 2012, on October 25, 2017, the Defendant committed the crime of drinking alcohol driving (0.160% of alcohol level during blood transfusion) on October 25, 2017. The Defendant committed the instant crime even among the attempts that were prosecuted for and tried for the said crime.

On October 25, 2017, the Defendant was investigated by the Police Station of the Gyeonggi-do Academy, and applied for a consolidation with the judgment on the crime of drinking on October 25.

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