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(영문) 수원지방법원 안산지원 2017.09.21 2017고단1622
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on one year and six months in the Daejeon District Court's astronomical Branch on February 21, 2016 and completed the execution of the sentence.

Although the indictment is not written in the indictment, it is judged by simple omission, and the copy of the relevant written judgment and the status of acceptance of each individual in the public trial of this case were submitted as evidence, and was examined on the premise of repeated crime, so it is judged that there is no disadvantage to the defendant's right to defense.

The defendant is a person who is engaged in driving a CM5 car.

On May 4, 2017, at around 01:07, the Defendant driven the above-mentioned car at approximately 300 meters away from the street in front of the public announcement of the simulation to the street in the same city, while making a week of alcohol concentration of 0.090%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, copy of each written judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions and Articles 148-2 (2) 3 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 Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has a number of records of punishment, including punishment, for the crime of the same kind, such as a violation of the Road Traffic Act, one time the sentence of imprisonment, two times the suspended sentence of imprisonment, two times the fine, and a number of times the punishment including the punishment,

In addition, a repeated offense in the ruling is related to the crime of causing bodily injury by driving about about 10 meters of a police officer performing his/her duties on a vehicle while the defendant stolen a vehicle and was under influence of drinking without a license, and thus, the crime is very poor, and even before it, the crime is committed by assaulting a police officer who controls drinking.

Nevertheless, the defendant is not well-known and has committed the crime of this case, which is the same crime, during the period of repeated crime.

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