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(영문) 수원지방법원 성남지원 2015.08.18 2015고단1194

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 21, 2014, the Defendant was sentenced to a fine of 8 months and a fine of 4 million won for the crime of injury, etc. at the Sungwon District Court's Sungnam branch on February 11, 2015, and the execution of the sentence was completed in a female correctional institution on February 11, 2015. On April 21, 2014, the Defendant issued a summary order of 6 million won by a fine for a violation of the Road Traffic Act (driving) in the same court on April 18, 2013, and was sentenced to a fine of 2 million won by the same court on April 18, 2013. On April 12, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court's Incheon District Court on April 12, 2007.

On April 30, 2015, at around 23:40, the Defendant driven B knit vehicle under the influence of alcohol content of approximately 0.078% from the section of about 5km in the direction of 0.078% of the blood alcohol concentration on the roads in front of the Sinung-dong, Singu, Yung-dong, Sinung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the control of driving on vessels;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the results of confirmation before and after dispositions, confirmation of the same kind of records, and current status of confinement);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 is that the defendant has already been punished several times for the same crime, and further, even though he/she is under the period of repeated crime for other crimes, it is inevitable to impose a sentence on the defendant as he/she commits such crime.

However, in addition to the fact that the defendant's depth is against the defendant, and the drinking measurement value cannot be said to be high, as well as all other circumstances that constitute the conditions for sentencing, such as the defendant's age, character, character, occupation, living environment, motive, means and consequence of the crime, etc., as the disposition is taken into account.