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(영문) 수원지방법원 안산지원 2018.10.11 2018고단2255

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law (drinking driving), and on February 26, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months in Seoul Southern District Court on February 26, 2015.

On June 28, 2018, under the influence of alcohol content of 0.157% among blood transfusions, the Defendant driven a Clearning car at a section of about 600 meters from the vicinity of the Western High School, which is located in the Sinju-si in the same Dong from the roads in the same Dong (Gu) to the roads in front of the Gogyeong-do in the Yellow Sea.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, summary order, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Based on the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the following circumstances.

The favorable circumstances: The condition unfavorable to the confession: The fact that the amount of alcohol in the blood is not reduced again even if the person was sentenced to suspended sentence for the same kind of crime;