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(영문) 수원지방법원 여주지원 2019.01.30 2018고단979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 14, 201, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on October 14, 201. On December 7, 2016, the Defendant was sentenced to a fine of KRW 10 million for a crime of violation of the Road Traffic Act (refluence of the inn branch of Suwon District Court).

【Criminal Facts】

On October 13, 2018, the Defendant, while under the influence of alcohol on 0.137% of blood alcohol level around 23:43, driven a F TNXG car at approximately KRW 200 meters from the roads near E in Ischeon-si to E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (verification reports on the records of criminal suspects' driving and refusing to measure drinking);

1. The Defendant again violated the pertinent provision on criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act, Article 2 of the prohibition that the Defendant shall not drive under the influence of alcohol on more than two occasions, while driving under the influence of alcohol. This type of crime was a second offense, but was a second offense during the period of probation.

Considering the fact that the blood alcohol concentration measured at the time of crackdown was not put and the nearest distance was driven, there seems to be considerable risk of recidivism.

The defendant is against the wrongness, and the vehicle driven at the time of crackdown is scrapped to not repeat the crime.

Although there are many criminal records, there are no records of punishment exceeding fines for the same crime.

Other circumstances such as the age, character and conduct, environment, family relationship, etc. of the defendant shall be determined as per the disposition.

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