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(영문) 수원지방법원 2018.01.16 2017고단7401

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 21, 2003, the Defendant received a summary order of KRW 2 million from the Jeonju District Court on July 21, 2003 due to a violation of the Road Traffic Act (drinking driving), a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking) at the Jeonju District Court on January 26, 201, and a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving) at the Suwon District Court on October 19, 2015, respectively. On May 15, 2014, the Defendant was sentenced to imprisonment with prison labor for one year from the Suwon District Court on February 17, 2015.

On October 7, 2017, at around 01:25, the Defendant driven a B-ho vehicle while under the influence of alcohol concentration of about 0.107% in blood in a section of about 500 meters prior to the same water source viewing road in the vicinity of the Suwon-si Suwon Transferdong.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (Attachment to the previous decisions, previous convictions, and confirmation of repeated crimes);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for the reduction of weight (the favorable circumstances to be examined in the latter) has been punished twice or more due to the driving of alcohol, and the driving of a motor vehicle under the influence of alcohol at 0.107% at the same time while the defendant was under the influence of alcohol, and the quality of the crime is not good, and the defendant's blood concentration is relatively high, and the defendant has been punished several times due to the same traffic crimes, such as the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-exclusive license). In particular, one year of imprisonment is imprisonment for fraud.