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(영문) 수원지방법원 안산지원 2017.06.20 2017고단1291
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 31, 2009, the defendant was sentenced to 4 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law by the Incheon District Court on March 31, 2009, and on February 4, 2009, the defendant was sentenced to a fine of 2 million won due to a violation of road traffic law (driving of alcohol) in the support of the Suwon Friwon method, and the same criminal records are more than five times.

On May 4, 2017, around 23:00, the Defendant driven CM3 automobiles under the influence of alcohol content of 0.150% in a distance of about 200 meters from around 11-1, 8,000, to around 10,000, 1,000, for the same Si-Sried Village.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of drinking alcohol measurement and the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, each written judgment, and copies of summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. It is recognized that the Defendant appears to have an attitude against the reason for sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act, and that there was no particular record of punishment for the last six years.

However, the defendant has been sentenced to a five-time fine for the same type of crime, such as a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drawing driving without a license), a suspension of the execution of imprisonment for one time, a six-time fine, a violation of the Road Traffic Act, and a violation of the Guarantee of Automobile Compensation for Damages, and has the record of being sentenced to a six-time fine even

In particular, the Defendant was sentenced to a suspended sentence on the grounds of the crime of drinking and driving without a license and was sentenced to a judgment, and the judgment was made one month after the judgment became final and conclusive, and the Defendant was sentenced to a fine even though the Defendant caused a traffic accident by causing the crime of driving without a license.

However, the defendant committed the crime of unlicensed driving at the end of five months from the date when the above fine became final and conclusive.

The defendant seems to have opened.

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