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(영문) 수원지방법원 안양지원 2018.08.16 2018고단834
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On August 29, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method, and on September 25, 2014, the Defendant was sentenced to a fine of KRW 10 months and a fine of KRW 5 million for the same crime, etc. in the same court on September 25, 2014, and on May 24, 2016, the Defendant was sentenced to imprisonment of KRW 1 year and six months for a crime of violating the Traffic Act (licensed driving) in the same court on September 5, 2017.

[Criminal facts] On May 1, 2018, the Defendant driven a bicycle with no-registered Adres V125G engine device at approximately 5km section from May 1, 2018, to the front of the dwelling area located in the Mayang-si B in the Mayang-si, Anyang-si, to the front of the 27 Mayang-gu, Suyang-gu, Seoul-si, without a motor device bicycle license, in the state of alcohol concentration of about 0.119%.

Accordingly, even though the defendant had been punished more than twice as a crime of violating the Road Traffic Act (drinking), he was driving a motor vehicle without a license for a re-motor vehicle bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Inquiries into driver's licenses;

1. Inquiries about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of criminal history of the same kind);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant is not aware of the fact that he/she had been punished several times due to drinking and driving without a license, and that he/she again committed the instant crime without being aware of the fact that he/she again committed the instant crime even during the period of repeated offense, and that his/her alcohol concentration in blood is high, etc.

I would like to say.

However, the fact that the defendant is recognized to be wrong, and other age, environment, etc. of the defendant.

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