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(영문) 수원지방법원 2015.11.19 2015고단3362
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 3,00,00 by the Suwon District Court on October 12, 2007 due to a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of KRW 3,00,00 on December 27, 2007, and was sentenced to a suspended sentence of 8 months at the Suwon District Court on December 27, 2007, and was sentenced to a suspended sentence of 2 years at the Suwon District Court on February 10, 201, and was sentenced to a violation of Article 44 (1) of the Road Traffic Act on more than two occasions by the Suwon District Court on February 10, 201.

In addition, on August 23, 2013, the Defendant was sentenced to one year in Seoul High Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to one year, and the execution of the sentence was terminated in the first prison of the Gyeongbukbuk District on June 16, 2014.

On June 26, 2015, at around 08:10, the Defendant driven Bone Star car at approximately 150 meters in front of the parking lot in front of the right line elementary school located at 126-gil 27, Suwon-si, Suwon-si, Suwon-si, the area of alcohol content of which is 0.22%, while under the influence of alcohol, from around 150 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the results of the drinking driving control, and photographs of the control place of drinking;

1. Previous records of judgment: Criminal records, replys to criminal records, application of written judgments, and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The defendant shall be punished by imprisonment with prison labor, considering the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished four times due to drunk driving (including a case before a suspended sentence of imprisonment, a case before a suspended sentence of imprisonment, and a case before a suspended sentence of imprisonment), and in particular the crime of this case during the period of repeated crime, etc.

The term of imprisonment with prison labor, along with the circumstances presented as the reasons for the sentence, is against the defendant, the amount of alcohol is considerably high, the driving distance is short, and the household is.

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