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(영문) 수원지방법원 여주지원 2018.02.07 2017고단1544

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to four months of imprisonment on December 21, 2015 due to a violation of road traffic law (drinking) in the support of the LAWC on December 21, 2015 and completed the execution of the sentence on April 19, 2016 at the original correctional institution, and was punished on three occasions due to a violation of road traffic law (drinking) and two times of a violation of road traffic law (drinking).

[2] On December 1, 2017, the Defendant: (a) driven a vehicle B with approximately 60 meters away from the section of approximately 600 meters to the 35th road of the Southern Eup/Myeon, in the state of alcohol concentration of 0.118% in alcohol during blood transfusion on December 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Reporting on detection of a violation of traffic laws on roads;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of repeated offense) statute;

1. Relevant Article of the Act and subparagraph 2 of Article 148-2 and subparagraph 1 of Article 44 of the Road Traffic Act (or selection of imprisonment with prison labor) concerning the facts constituting an offense;

1. The criminal defendant, who has been punished several times due to a crime related to transportation with the reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes (two times the punishment by imprisonment, three times the suspended sentence of imprisonment, and five times the fine), shall be sentenced to the same punishment as the sentence in consideration of the circumstances of committing the instant crime during the period of repeated crimes, etc.

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