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(영문) 수원지방법원 안산지원 2018.05.25 2018고단915
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant driven a vehicle of 3:168% alcohol concentration in blood while under the influence of alcohol level 0.168% without a vehicle driver’s license at a section of approximately 2 km from the street in front of the 19 (Haak-dong) to the front of the 2km-gu, Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. (A) Any inquiry about the results of crackdown on driving alcohol and a statement in the circumstances of the driver;

1. A written inquiry about the determination of the main office;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 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. The Defendant had a record of having been punished several times as well as two times of suspended sentence due to the same kind of crime.

In spite of the occurrence of an accident accompanied by human damage caused by drinking driving, it has committed this case without any opening of the past even though the person was punished for severe punishment.

The circumstances after the crime are also poor because of the background leading to the crime or the desire for the enforcement officer, etc.

In full view of these circumstances, it is necessary to strictly punish the defendant.

In addition to the fact that the defendant admitted the facts charged, the punishment as ordered shall be determined by comprehensively taking into account the records of the defendant's age, sex, environment, circumstances after the crime, etc. and the sentencing conditions as shown in the trial process.

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