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(영문) 수원지방법원 안양지원 2018.06.22 2017고단1920
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 9, 2010, the Defendant was sentenced to eight months of imprisonment with labor for a violation of road traffic law (drinking) in the support of the Suwon Flag Flag, and was sentenced to a fine of three million won on November 16, 201 due to a violation of road traffic law (dacting driving) at the Suwon Flag Flag.

On July 13, 2012, the Defendant was sentenced to two years and six months after he was sentenced to imprisonment for rape, etc. in the assistance in Ansan of the method of Suwon, and completed the execution of the sentence on November 6, 2014.

[2] On July 19, 2017, the Defendant driven B-learning car under the influence of alcohol with approximately 0.117% alcohol concentration in blood from around 3 km to the repair tunnel of the IC located in the mountain-dong located in the Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the previous conviction reports);

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 reason for sentencing Article 35 of the Criminal Act seems to reflect the defendant's wrongness.

However, there are two times punishment records including punishment due to drinking driving, etc., and the crime of drinking driving of this case is heavy during the period of repeated crime.

The alcohol concentration in blood is high.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as these circumstances, the background of detection, the age, conduct, and environment of the defendant.

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