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(영문) 수원지방법원 성남지원 2018.03.21 2017고단1212

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Seoul Central District Court on March 4, 2010, is a person who has a total of three times of drinking alcohol with a fine of 2.5 million won for a violation of road traffic laws (driving), a fine of 4 million won for the same crime in the same court on December 26, 2013, and a fine of 5 million won for the same crime in the same court on January 22, 2014.

[2] On April 20, 2017, at around 05:20 on April 20, 2017, the Defendant driven B rocketing car under the influence of alcohol content of around 0.075% at the 1.3km section before the central church of the Dong-dong branch of the same Dong, Seo-dong, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking and an inquiry about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - In light of the fact that the defendant has been unable to respond to the trial proceedings for eight months or more of imprisonment with prison labor, taking into account the fact that he/she has been unable to appear on the sentenced date and fails to respond to the trial proceedings.

The degree of alcohol concentration in blood is high.

The punishment shall be mitigated by taking into account the favorable circumstances, such as the fact that it is difficult to see, the fact that there is no record of the suspension of execution or higher, and the punishment shall be determined by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act, which