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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1271

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 17, 2008, around October 14, 2008, and around December 11, 2008, the Defendant violated Article 44 (1) of the Road Traffic Act, and there was a record of violating Article 44 (1) of the Road Traffic Act on January 5, 2010, such as imprisonment with prison labor for ten months at the Sungnam branch of Suwon District Court sentenced two years of suspension of execution. On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Sungnam branch of Suwon District Court for one year and six months, and is still pending in the judgment of Suwon District Court.

On May 26, 2015, at around 22:22, the Defendant driven a ADG vehicle in the state of alcohol 0.293% of blood alcohol concentration in approximately 300M section from 300 m from Mapon-dong, Sungnam-si to the preceding road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to judgments related to driving without a license);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished several times, including a suspended sentence, due to drunk driving. Considering that the blood alcohol concentration is considerably high, it is difficult for the defendant to be exempted from punishment.

However, the fact that the defendant is against the defendant and has no record of being punished for the same kind of crime since 2010, and that there are dependents, etc. shall be determined by the same sentence as the order in consideration of the favorable circumstances of the defendant.