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(영문) 수원지방법원 평택지원 2015.05.29 2015고단206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, on April 16, 2009, with the same court having been sentenced to a suspended sentence of six months for the same crime, etc. on April 16, 2009, and on April 24, 2013, with the same court sentenced eight months to imprisonment for the same crime, and completed the execution of the sentence on December 23, 2013.

On February 1, 2015, the Defendant, who was punished twice or more due to the above violation of the Road Traffic Act (driving) and driven three vehicles with blood alcohol concentration of about 0.069% in the section of about 1km from the front of a cafeteria located in Pyeongtaek-si branch on February 22:25, 2015 to the front of the entrance of the high-speed gate at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and report on the circumstances of a driver's driving;

1. Previous records: Application of the Acts and subordinate statutes on inquiry records such as criminal records, etc. and personal identification and confinement status;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include records of criminal punishment several times for the defendant with the same reason for sentencing (limited to four times a fine, two times a suspended sentence, and one time a sentence). In particular, in light of the fact that the crime of this case was committed during the same repeated crime period, the criminal is committed during the same repeated crime, criminal records of the defendant, and the circumstance of drinking, the defendant seems to have driven under the influence of alcohol, it is necessary to strictly punish the defendant.

However, considering the fact that the drinking volume of the case is relatively low, the fact that the defendant sells the vehicle driven by the defendant and does not repeat the case, the circumstance favorable to the defendant, such as the disabled in the third degree of disability, and other various circumstances recorded in the records, such as the age, character, conduct and family environment of the defendant, the punishment as ordered shall be determined.

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