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(영문) 수원지방법원 2018.08.14 2018고단3098

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant was sentenced to imprisonment without prison labor for not less than two years for a suspension of the execution of six months for a crime of violating road traffic law in the support for the development of a water source method center on June 22, 2011. On May 30, 2013, the Seoul High Court was sentenced to a fine of KRW 10 million for the same crime, etc., and was sentenced to a fine of KRW 10 million for driving at least two times.

[Criminal facts] On May 21, 2018, the Defendant driven C motor vehicles from the front road of the Suwon-si Steering Zone, which is under the influence of alcohol level of 0.176% among the blood transfusions at around 22:47, and from the front road of the Suwon-si Steering Zone, up to the same lower road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Previous conviction: Application of a reply to inquiry, a copy of a summary order, and a copy of the judgment text, such as criminal history;

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 divided into and reflected in the crime of this case.

The distance of the defendant's driving was short, and there was no personal and material damage due to the crime of this case.

The defendant has no previous convictions of imprisonment.

There is a position in which the defendant should support his family, including two children, and social relationship is clear.

Circumstances unfavorable to the defendant are as follows:

In 202 and around 2009, the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in around 201, and was sentenced to a suspended sentence of imprisonment due to drinking driving in around 201. The defendant was sentenced to a imprisonment for 6 months at the first instance court due to a re-driving driving in around 2013 and was sentenced to a fine of KRW 10 million at the appellate court, and again committed the crime of this case even though he was sentenced to a fine of KRW 10 million.

At the time of the instant case, the alcohol concentration level of the Defendant’s blood is also high.

D. The above circumstances are as follows.