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(영문) 수원지방법원 평택지원 2016.06.23 2016고단257
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of crime] The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a crime of violation of road traffic law at the Suwon Friwon on April 25, 2013 and was sentenced to a suspended sentence of two years, and was punished for the same crime five times more.

[2] On December 21, 2015, the Defendant: (a) driven a car under the influence of alcohol content of approximately 0.148% in a section of about 500 meters from the front of the coal business trip site in Pyeongtaek-si, Pyeongtaek-si; (b) around 01:28, the Defendant: (c) driven the car in a state of under the influence of alcohol content of about 0.148% in the blood, from the front of the train-ro 268 to the front of the fish driving school.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two suspended sentence of imprisonment, and the Defendant once again driven under drinking in a state of drinking in spite of the fact that he/she had been punished six times due to drinking, including a suspended sentence of imprisonment.

A sentence to be mitigated shall be sentenced in consideration of the fact that the sentence is inevitable, that the health of a defendant is not good, and that there is no previous conviction exceeding the suspension of execution.

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