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(영문) 수원지방법원 안산지원 2017.08.16 2017고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 1, 2012, the Defendant is a person who has a record of punishing drinking drivers at least two times, including a fine of two million won for a violation of the Road Traffic Act (driving in drinking), and a fine of four million won for the same crime from the Suwon Flag Flag on April 17, 2015, when he/she received a summary order of the same crime from the Suwon Flag Flag on the same day.

On February 12, 2017, the Defendant driven a B-wing-III cargo vehicle with approximately 100 meters alcohol concentration of approximately 0.188% in blood without a vehicle driver's license from the Do in the front of the Ethical 46 B-wing-dong, Singu, Sinri-si, Sinri-si, 313, Sinri-gu, Sinri-si, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of such previous convictions), and application of two copies of summary order Acts and subordinate statutes;

1. Article 148-2 (1) and (1) and Article 44 (1) of the Traffic Act applicable to the facts constituting an offense, and Articles 152 (1) and 43 (Unlicensed Driving) of the Road Traffic Act;

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

1. The grounds for the sentencing of selective sentence of imprisonment with prison labor are as follows, taking full account of the following circumstances, including the Defendant’s age, sex, career, home environment, motive and means of the crime, and circumstances that are the conditions for sentencing as shown in the argument of the instant case after the crime is committed, and the sentence is determined as ordered.

[Unfavorable circumstances] The Defendant has been punished for a crime of violating the Road Traffic Act two times, and even if there were two times the past records of punishment for a crime of violating the Road Traffic Act (non-licenseless driving), there is no string, such as committing the instant crime. The alcohol concentration in the blood of the instant crime is 0.18% and its numerical value is high, and thus the Defendant is highly likely to repeat a crime in light of the Defendant’s criminal history and compliance awareness, etc., and thus, the Defendant is given a certain period from the society.

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