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(영문) 수원지방법원 안산지원 2018.06.12 2018고단1494

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 8, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of violating road traffic law in the support of the Sugwon method, and on October 25, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law in the same court on October 25, 2016, and completed the execution of the sentence in the Innju prison on April 25, 2017.

Criminal facts

Although the Defendant had had the record of violating drinking driving twice or more, on April 20, 2018, the Defendant driven B Poter in the state of under the influence of alcohol content of about 0.091% from the 2km section of blood alcohol level to the front road of the 108 Gyeonggi High School from the 13:57 Silung-dong, Silung-si, Silung-ro, Silung-ro, Silung-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the accident, report on the circumstances of the driver taking the driving, notification of the results of crackdown on drinking driving, and output;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and 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. In light of the fact that: (a) the reason for sentencing Article 35 of the Criminal Act of aggravated repeated crimes has the record of being punished several times as the same kind of crimes; (b) the Defendant was sentenced to six months of imprisonment for the same kind of crime on October 25, 2016 and committed the instant crime at the time when one year has not passed since the completion of the enforcement of the sentence on April 25, 2017; and (c) the Defendant had a tendency to not feel any particular awareness of driving under the influence of alcohol or neglect the law.

I seem to appear.

Therefore, in order to prevent the repetition of the same crime, it is necessary to correct the perception through strict punishment, so the punishment is determined like the order.

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