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(영문) 수원지방법원 여주지원 2017.03.15 2016고단1387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 16, 2006, the Defendant was sentenced to five months of imprisonment for a violation of road traffic law at the Suwon Flag Flag, etc. On March 31, 2009, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law in the support of Flag Flag Flag Flag, and on October 21, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime at the same court.

[2] On October 27, 2016, the Defendant driven a sports cargo vehicle Ccoon at the section of about 600 meters from the front day of each valley 116-ro 96-ro in Echeon-si to the top day of the west-ro 41-ro Gyeongcheon-ro in the same city with alcohol content 0.16% while under the influence of alcohol during blood at around 22:20 on October 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation 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. In addition, the Defendant, who had been punished several times for committing a traffic-related crime, such as drinking and driving without a license for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of the amount of punishment (one-time imprisonment, two-time suspension of the execution of imprisonment, and five times fines) of the Criminal Act, shall be sentenced to the same punishment as the order, taking into account not only the high level of alcohol concentration in the blood transfusion of the instant drinking driving, but also the circumstances that caused a traffic accident.

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