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(영문) 수원지방법원 2016.04.27 2016고단684
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence for 2 million won on August 31, 2007 due to a violation of the Road Traffic Act at the Suwon Flag Flag on August 22, 201, a fine of 2 million won due to a violation of the Road Traffic Act at the Suwon Flag Flag on August 22, 201, a fine of 7 million won due to a crime of violation of the Road Traffic Act at the Suwon Flag Flag on November 27, 2013, and a fine of 7 million won due to a violation of the Road Traffic Act at the Suwon Flag Flag on October 30, 201, and the judgment became final and conclusive on November 7, 2014, and the driving force of drinking is at least twice.

[Specific facts constituting a crime] On January 13, 2016, the Defendant driven a Banco truck at approximately 300 meters in the section of the same Eup/Myeon to approximately 43 meters prior to the national highways of the same Eup/Myeon, from the mutual influence restaurant located in the e-mail, 0.130% of alcoholic content during blood transfusion at around 01:30%.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire about the output of drinking alcohol, the situation report of drivers of drinking, investigation report (the above dmark), and the results of crackdown on drinking driving;

1. Criminal records as stated: Application of inquiry letter, investigation report, etc., and Acts and subordinate statutes (inform report, such as decisions to engage in the same tasks);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The defendant shall be sentenced to imprisonment with prison labor, considering the fact that he/she has the same criminal records as the defendant for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the favorable circumstances of the reason of sentencing), the fact that he/she is a crime during the suspension period of the execution of the same kind, and the fact that he/she has the record of being sentenced to a summary order of a fine once due to larceny during the suspension period of the execution of the above sentence

However, the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions, such as the fact that the defendant is breaking the wrong person in depth, the age of the family members, the age of the defendant, sexual behavior, family environment, etc.

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