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(영문) 수원지방법원 여주지원 2019.08.09 2019고단455

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 8, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the leisure branch of the Suwon District Court on December 8, 2014, and completed the execution of the sentence on June 7, 2016.

On August 31, 2010, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Cheongju District Court on August 31, 201, and was sentenced to a suspended sentence of two years and six months for the crimes of violation of the Road Traffic Act at the Cheongwon District Court on May 26, 201.

On May 7, 2019, the Defendant, while under the influence of alcohol at least 0.089% of alcohol level around 03:15 on May 7, 2019, operated B trucks from around 8 km to the front road of 118-5, in the lux of Cheongcheon-si Nowon-gu Nowon-gu Nowon-gu, the Defendant was under the influence of alcohol level 0.089% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. An inquiry report, such as a criminal history;

1. Current expropriations by individuals;

1. Application of statutes governing judgment;

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

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 shall be considered as favorable circumstances; however, the driving distance, the frequency and degree of punishment for the same kind of crime, and the fact that it is a repeated crime at present shall be considered disadvantageous circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.