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(영문) 수원지방법원 안산지원 2018.05.02 2018고단637

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 13, 2008, the Defendant was sentenced to a suspended sentence of 6 months for the following reasons: (a) a suspended sentence of 7 million won for a crime of violating the Road Traffic Act (drinking driving), (b) a crime of violating the Road Traffic Act (drinking driving), and (c) a fine of 7 million won for a violation of the Road Traffic Act in the same court on October 12, 2012; and (b) a crime of violating the Road Traffic Act (drinking driving) in the same court on June 18, 2015.

[Criminal facts] On January 28, 2018, the Defendant was under the influence of alcohol leveling 0.131% of alcohol leveling at approximately 1m on the front road of the members of the Ansan-si, Ansan-si, Masan-si, and driven D rocketing car.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (the same type of criminal suspect and attachment of written judgments);

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

1. Based on the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act, all the sentencing conditions, including the defendant’s age, sex, family relation, etc., shall be considered and determined as ordered by the court below.

· Unfavorable circumstances: The fact that the driver drivess again in the state of being employed by a large number of people with the same kind of power, and conditions favorable to him/her: The fact that the driving distance is shorter, the fact that the driver supports the mother in the state of being driven by a large number of people