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(영문) 수원지방법원 평택지원 2017.08.10 2017고단1306
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 1, 2014, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving without a license), and on January 21, 2015, the Defendant was sentenced to 7 times of imprisonment with labor for the same kind of power, including the termination of the execution of the sentence at the Suwon Detention House.

[2] On May 28, 2017, the Defendant driven a CK5 vehicle under the influence of alcohol with approximately 0.146% alcohol concentration from approximately 400 meters to the front road of the restaurant in the bones Sea State, which is located in the arrangement of the Eup in the Ansan-si Do, to the front road of the same city, while driving a cK5 vehicle under the influence of alcohol content of about 0.146%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, and written appraisal of alcohol during blood transfusion;

1. References to inquiries, such as criminal history, personal acceptance status, and application of judgment-making statutes;

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 all the factors of sentencing, such as the reason for sentencing Article 35 of the Criminal Act Article 35 and the fact that a repeated offender has been punished seven times, including three times of imprisonment due to drinking alcohol or refusal to measure drinking, driving again during the period of repeated offense resulting from the same crime, driving again during the period of repeated offense, driving again, driving circumstances of drinking, drinking volume, Defendant's occupation, family relation, etc.

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