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(영문) 수원지방법원 여주지원 2017.05.02 2017고단158
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 5, 2017, the Defendant, while under the influence of alcohol 0.205% during blood transfusions, driven a car with Ksch Rexton in the section of approximately 200 meters from the roads near the Gyeonggi Pyeong-gun in the official door market to the roads near the Gyeonggi Pyeong-gun in the official door market.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of the statutes governing the detection photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. On July 25, 2015, the Defendant was issued a summary order of a fine of two million won by driving under drinking or non-licensed driving in this court on July 25, 2015. On December 29 of the same year, the Defendant was suspected of having escaped without taking any measures to rescue the victims after having paid a traffic accident during driving on December 29 of the same year, and was sentenced to ten months by imprisonment in this court and currently pending pending pending pending in the appellate court.

Nevertheless, the defendant was driving a re-driving and a non-licenseing driving, and considering the purpose of the Road Traffic Act in order to prevent the unexpected result caused by the driving of drinking by strictly punishing the driving of drinking, it is reasonable to sentence a punishment corresponding to the amount of alcohol concentration in the blood of the defendant at the time of the crime in this case.

However, at the time of driving the drinking of this case, traffic accidents have not occurred at the time of driving the drinking of this case, and the fact that the defendant has no record of punishment exceeding the fine due to driving of drinking, etc. shall be determined by taking into consideration the favorable circumstances in favor of

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