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(영문) 수원지방법원 2018.03.13 2017고단8048

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking on July 18, 2007) at the Goyang Branch of the Jung-gu District Court on March 18, 2007. On November 27, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crime, etc. at the Jung-gu District Court on November 27, 2009. On May 10, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. at the Incheon District Court.

[Criminal facts] On October 1, 2017, the Defendant driven a vehicle with approximately 10 meters alcohol 0.144% while under the influence of alcohol in a fee parking lot located in Suwon-si, Suwon-si, Suwon-si, the Defendant driven a vehicle with approximately 10 meters eM5 passengers while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Notification of the results of regulating drinking driving;

1. Photographs;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (the same type of criminal records and attachment of written judgments of the suspect), and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The Defendant appears to have caused the instant crime while waiting to leave the substitute driver at the time of the instant case.

It is clear that the social relationship of the defendant is clear.

Circumstances unfavorable to the defendant are as follows:

The defendant has been sentenced to a 4-time fine due to drinking driving, a 1-time sentence of suspended sentence of imprisonment, and a 1-time sentence of imprisonment.

Nevertheless, the defendant did not properly control his drinking habits, and was driving under the influence of alcohol, and caused an accident where parking lot walls were installed in the process.

In light of the Defendant’s drinking records, even if the Defendant, prior to the instant crime, has taken into account the situation where the Defendant was represented by a driver.