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(영문) 수원지방법원 2019.07.04 2019고단2028
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 7, 201, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court on May 27, 201, and a fine of three million won due to the same crime, etc. in the same court on May 27, 2013, and on September 5, 2016, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving). On January 24, 2017, the Defendant was sentenced to a suspended sentence of two years for six months.

【Criminal Facts】

On April 19, 2019, at around 05:40, the Defendant driven B Uidi A7 car volume at approximately 15 km from the section of about 15 km of 0.152% of alcohol alcohol level to the roads ahead of the shooting distance of the Dongung-dong-dong Yungdong-dong-dong Yungdong-dong, Gidong-dong, Ginam-si, Ginam-si, Gidong-si, Gidong-si.

Accordingly, although the defendant was punished for a drunk driving more than twice, the defendant was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and the output of measurement results;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished by a fine for drunk driving in 201, a drunk driving in 2013, and a person was punished by a suspended sentence of imprisonment for the reason of a drunk driving in 2017, and a person was punished by a suspended sentence of imprisonment for the purpose of a drunk driving in 2017, and the person committed the instant crime in addition to the fact that the period of suspended sentence has expired and three months have not passed, and that the degree of blood alcohol concentration is high, there is a high possibility of criticism in light of the following:

In addition, the process of detection of the defendant's drinking driving.

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