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(영문) 수원지방법원 안산지원 2015.06.05 2015고단601

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 13, 2010, the Defendant was sentenced by the Incheon District Court to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and for a violation of the Road Traffic Act (a violation of the same Act) and one-year suspension of execution, two years for a fine of five million won for a violation of the Road Traffic Act (a violation of the same Act) at the Incheon District Court on May 26, 201, and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) at the Incheon District Court on April 19, 2013, and on June 18, 2013, the Incheon

Defendant

On February 26, 2015, at around 10:00, he driven a K car under the influence of alcohol of about 0.092% of the blood alcohol concentration from the 3km section of approximately 3km from the distribution to the 227-24th street in the Sinungnam-dong in Ansan-si, Ansan-si.

Therefore, although the defendant had been punished for the violation of the Road Traffic Act more than twice, he also driven a car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes of criminal records, inquiry reports, and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the case where the defendant was drunk, and the defendant committed the crime of this case at the same time with the period of repeated crime due to the same kind of crime, and the defendant committed the crime of this case within five years, the defendant has the record of being punished one time as a fine due to drunk driving, suspended sentence and imprisonment, and even if excluded, there is a very high penalty power for the defendant. Thus, it is inevitable to sentence the defendant as a sentence of imprisonment.

However, there are all kinds of trials in this case, such as the fact that the defendant is led to confession and reflect, and that the defendant supports his father who has inconvenience.