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(영문) 수원지방법원 안산지원 2017.06.20 2017고단1309

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 11, 2017, the Defendant driven Cpoter cargo vehicles with approximately 0.303% alcohol level from the 1km section to the road in front of the Korea Gas Corporation, located in the 1248-ro of the same Gu, from the front side of the 61st subway line No. 4, the subway line No. 61, the city of Ansan-si, Annsan-si, the upper part of the 0:20 on February 11, 2017, while under the influence of alcohol level of about 0.303%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating the driving of drinking alcohol and the drinking driver's Stick;

1. Statement of the circumstances of driving at home;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (prior convictions and confirmation);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity are as follows: (a) the Defendant was already sentenced to a suspended sentence of imprisonment for a crime of drinking alcohol in 2001; (b) on August 15, 2003, the Defendant was released from punishment on August 15, 200; and (c) again committed a crime of drinking alcohol on several months; (d) on 2004, the Defendant committed a crime of driving without a license; and (e) repeatedly committed a crime of drinking and a crime of driving without a license for a long time.

In 2005, the defendant committed larceny at night, and found the victim's house who was present as a witness during the trial, and tried to escape the victim's house "I am soon feas I am. I am. I will go to the heart unless I am.

When punishment is imposed, it will die and die.

Until the end of width, it will be dead.

As a result of intimidation, the suspension of the execution of imprisonment was sentenced for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes, etc.).

After that, the Defendant was sentenced to a suspended sentence of imprisonment in 2015 because of a traffic accident under the influence of alcohol, and the blood alcohol concentration at the time reaches 0.284%.

As such, the Defendant committed the instant crime without being able to do so even though he/she received several times, and in addition, committed the instant crime.