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(영문) 수원지방법원 안산지원 2017.05.11 2017고단323

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 11, 2013, the defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law in the assistance of the Suwon Flag Flag, and was sentenced to a suspended sentence of two years for the same crime in the same court on April 30, 2015 and two years for a suspended sentence of eight months for the same crime in the same court on April 30, 2015

5. 8. The judgment became final and conclusive.

Criminal facts

On January 21, 2017, the Defendant, while under the influence of alcohol level of 0.091% from blood alcohol level around 20:40, driving C truck in the section of approximately 160km from the section of around 160km to the leth of to the leth of the lethyle that is permanently stationed in the dedicated Dong in the city of Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each written judgment;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity mitigated is that the Defendant driven a cargo vehicle that may cause a large risk in traffic accidents, but the Defendant driven a cargo vehicle for the longer section on an expressway while under the influence of alcohol.

Furthermore, the Defendant was sentenced to a fine in 2009 and 2012 due to drinking, and was sentenced to a suspended sentence of imprisonment in 2013, and was driving a vehicle under the influence of alcohol without a driver’s license in 2013. The Defendant was also sentenced to a heavy line under the suspended sentence of imprisonment when he was sentenced to a suspended sentence of imprisonment, and was driving a vehicle under the influence of alcohol without a driver’s license. The Defendant was also sentenced to a suspended sentence of imprisonment in 2013.

The defendant committed the crime of this case during the grace period, even though the wife is influent, and the defendant committed the crime of this case.

There is no herbry.

There is a concern that repeated wife does not interfere with the defendant's awareness of compliance with the law.

In addition, the defendant has the past record of serving two or more penalties and of serving ten fines.

The sentence of imprisonment shall be sentenced.