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(영문) 수원지방법원 여주지원 2018.09.19 2018고단483

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 18, 201, the Defendant was sentenced to a summary order of KRW 4 million on the ground of a violation of road traffic law (driving alcohol) and a crime of injury, etc. on the part of the Friwon, and on July 20, 2015, the Defendant was sentenced to six months of imprisonment and completed the execution of the sentence on January 16, 2016. < Amended by Act No. 13373, Jan. 16, 2016>

[2] On April 10, 2018, at around 00:10, the Defendant driven C motor vehicles under the influence of alcohol with approximately KRW 0.178% alcohol level from around 200 meters to around 77-ro, Jungcheon-si. In light of the foregoing, the Defendant driven C motor vehicles under the influence of alcohol leveling from around 200 meters to around 0.178%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and application of Acts and subordinate statutes on personal confinement status;

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. The Defendant for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes is able to have the record of being punished for driving under the influence of alcohol, and in particular, it is inevitable to punish the instant crime without being able to do so during the period of repeated crimes.

The number of alcohol concentration measured at the time of crackdown is considerably high.

The defendant is guilty of committing the crime, commits the misunderstandings, and does not repeat the crime.

There are many things.

Other punishment shall be determined as per the order in consideration of the age, sex, environment, family relationship, etc. of the defendant.