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(영문) 수원지방법원 안산지원 2016.06.16 2016고단1257

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 2007, the defendant was sentenced to a fine of three million won for the violation of road traffic law (driving without a license) and for the violation of road traffic law (driving without a license) in the support of Ansan Friwon on September 27, 2007, for the same support on December 27, 2007, for the violation of road traffic law (driving without a license) and for the violation of road traffic law (driving without a license), three million won for a fine of three million won, and for the violation of road traffic law (driving without a license) at the Seoul Central District Court on December 24, 2008.

On March 29, 2016, the Defendant driven B K5 vehicle under the influence of alcohol content of approximately 0.241% from the 50-meter section to the 383rd road in Ansan-si, a member of Ansan-si, in the central station near the Gu, Ansan-si., the Defendant driven B K5 vehicle under the influence of alcohol content of about 0.241% from the 50-meter section to the 383rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on the driver of the main driver, a written appraisal of alcohol concentration during blood, and a report on the detection of the driver of the main driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as a copy of the text of the judgment);

1. The same type of punishment as the order shall be determined by comprehensively taking into account all the conditions of the sentencing indicated in the records, such as the relevant legal provisions regarding the crime, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, the circumstances under the grounds for sentencing of the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, etc.

The driving of drinking alcohol is highly dangerous and the necessity of strict punishment is high as it can cause serious damage to others.

As to this point, social consensus has already been reached.

I seem to appear.

There is no record of punishment after the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in 2008.

However, the defendant had the same history three times, and even though he had already been subject to suspended execution, he committed the crime of this case.

In addition, the alcohol concentration during the instant crime reaches 0.241% at the time of the instant crime.