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(영문) 수원지방법원 안양지원 2018.07.04 2018고단380
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 19, 2016, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on March 21, 2017, the Seoul Central District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on September 28, 2017, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on April 5, 2018, the said judgment became final and conclusive on September 28, 2017.

[Criminal facts] On December 7, 2017, the Defendant driven a DNA-learning car over about 7.5 km from the Do in front of the Geumpo-si Station located on the Hopo-dong Highway, Sampo-dong Highway, which was under the influence of 0.156% alcohol during blood while under the influence of alcohol at around 07:05 on December 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, notification of the results of crackdown on the driving of alcohol, and records of measurement of drinking;

1. The driver's license ledger (No. 27 No. 5 of the evidence list);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report of investigation (a) (the confirmation of the past record of the same type of crime and the continuation of the present trial) and the application of Acts and subordinate statutes of the Suwon District Court 2017No 7348

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

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. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following sentencing is advantageous to one another): The fact that the sentence was committed three times between the two years and the two years, and that the previous case was committed again during the appellate trial, and that the favorable circumstances are against the Defendant’s mistake.

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