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(영문) 수원지방법원 여주지원 2018.02.06 2017고단1574
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On October 7, 2014, the Defendant was sentenced to eight months of imprisonment with labor for a violation of road traffic law (drinking driving) in the leisure support of a water source method, and completed the execution of the sentence in the said correctional institution on June 5, 2015. On September 21, 2011, the Defendant was sentenced to four months of imprisonment with labor for a violation of road traffic law (drinking driving) at the water source method center and was sentenced to four months of imprisonment with labor for a violation of road traffic law (drinking driving).

On November 16, 2017, the Defendant, while under the influence of alcohol level of 0.118% among blood transfusions, driven a D body-man car at approximately 300 meters from the front of the restaurant located in Ischeon-ro, Leecheon-ro to the front of the Arabic distance located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation reports (recognating criminal records and records of the same kind), the current status of individual confinement, and judgment;

1. Application of Acts and subordinate statutes as a result of inquiry;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act were subject to punishment for the same kind of crime for the reason of sentencing, and the fact that the instant crime was committed even if it was a repeated crime, the fact that the instant crime was committed is disadvantageous, and the fact that the time is human being and reflects shall be considered as favorable circumstances.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, drinking volume, driving distance, family and support relationship, shall be comprehensively considered.

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