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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4167

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 26, 2015, the Defendant sentenced the Seoul Southern District Court to six months of imprisonment for the obstruction of performance of official duties, and completed the execution of the sentence on November 18, 2015.

On May 14, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on June 12, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Seoul Western District Court on June 12, 2008.

On October 21, 2018, at around 06:36, the Defendant driven a DNA car while under the influence of alcohol level 0.141% of alcohol level on the roads near C located in Ansan-si, a member B of Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking tests and circumstantial statements of drinking drivers;

1. Previous records: Application of criminal records and other inquiries inquiry reports, investigation reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant recognized the instant facts charged, and that he supports his spouse and children, etc. are favorable circumstances.

However, the defendant committed the crime of this case without being able to commit the crime even during the period of repeated crime.

Furthermore, the defendant was punished by a fine in 2016 for another crime during the period of repeated crime.

The degree of blood alcohol concentration is high, and the process of detection and the circumstances at the time of crackdown are poor.

Considering the above circumstances, it is necessary to punish the defendant, regardless of the favorable circumstances mentioned above.

In addition, the sentencing conditions shown in the trial process, such as the defendant's age, character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime.