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(영문) 수원지방법원 안산지원 2019.02.13 2018고단3965

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 22, 2010, the Defendant sent the Suwon District Court to the Juvenile Department for a violation of the Road Traffic Act. On April 3, 2015, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch's Ansan Branch's branch on April 3, 2015. On July 17, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act. On April 21, 2016, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch's Ansan Branch's branch on April 21, 2016, and was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court's Ansan Branch's branch on August 17, 2017.

On October 18, 2018, the Defendant was under the influence of alcohol at around 23:03, and at around 0.199% of alcohol concentration, the Defendant driven Bone Starex in the section of approximately 700 meters from the central back of the central station in Ansan-si, Ansan-si to the road front of the 621st century moving from the central back of the central station in Ansan-si to the same Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the measurement and control of drinking alcohol, and record of measurement;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the fact that the period of repeated crime of a suspect is in existence), investigation reports (report attached to a judgment, etc.) and statutes;

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

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

1. It is so decided as per Disposition on the grounds of Articles 53 and 55(1)3 of the Criminal Act (3) of the Act on Discretionary Mitigation and Mitigation for more than three times before and after the previous convictions are held by the defendant, and the crime of this case was committed again during the repeated crime period, and the amount of alcohol concentration in blood and blood, the circumstances of drunk driving, and distance, etc.