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(영문) 수원지방법원 안산지원 2017.09.21 2017고단1960
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to imprisonment for six months as a crime of violation of road traffic law in the support of the Sugwon of Suwon Friwon on October 19, 2016, and was sentenced to two years of suspended execution on October 27 of the same year, and the above judgment became final and conclusive on October 27 of the same year, and is currently under suspended execution.

[Criminal facts]

1. On June 16, 2017, the Defendant driven a non-registered bicycle with less than 125cc alcohol level of 0.157% while under the influence of alcohol in about 1km section from around 22:20 to around 48 Bluri-dong 48 Bluridong, to the same city-centered commercial building, without obtaining a bicycle driver’s license from around 1km section from around 1km to 285.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on June 16, 2017, the Defendant operated a non-registered motor bicycle under 125cc, which was not mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, a written appraisal of alcohol during blood and a statement in the circumstances of the driver of alcohol;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the investigation report (No. 7 No. 5 of the evidence list);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have a number of criminal records including punishment. Among them, the same criminal records are considerably high, and in particular, the defendant is suspended from the execution of imprisonment for the same kind of crime.

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