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(영문) 수원지방법원 2016.06.15 2016고단1070
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 12, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws in the Daegu District Court Kimcheon branch of the Daegu District Court, and on June 19, 2014, the Defendant was sentenced to a suspended sentence of two years on August 27, 2014 and was sentenced to a suspended sentence of two years on June 27, 2014.

[Specific criminal facts] On February 3, 2016, at around 00:35, the Defendant driven a DNA observer car under the influence of alcohol with approximately 300 meters alcohol concentration 0.145% in blood, from the center distance set up in the Dong line of Suwon-si, Suwon-si, to the 3rd roads of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Records of the judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (report attached to the judgment), a copy of the judgment, and a summary order (67 pages of the investigation records) by statutes;

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. Although a person is subject to two criminal punishment for driving under the influence of alcohol on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable condition for sentencing) of the Act on the Mitigation of Small Quantity, considering the fact that the person once drives the instant drinking during the period of suspension of execution was again subject to criminal punishment during the period of suspension of execution, and that there was a record of being sentenced to a summary order of a fine once due to non-licensed driving during the period of suspension of execution, the person shall be sentenced to

However, the punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the defendant's age, sex behavior, environment, family relation, etc., in consideration of the fact that the defendant is divided by mistake, that the vehicle does not repeat again by selling the vehicle, that the distance of driving under drinking is relatively short, that there is no record of criminal punishment except for the previous conviction due to driving under the above drinking and driving without a license.

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