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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2901
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 17, 2006, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Changwon District Court’s Tongwon District Court’s branch on March 17, 2006; on September 8, 201, a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking), and on September 23, 201, on September 23, 201, a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking) at the site of Suwon District Court’s Suwon District Court’s branch on September 1, 201; and on July 1, 2015, a crime of violation of the Road Traffic Act (drinking) was provisionally released on January 29, 2016; and on March 23, 2016.

[2] On August 13, 2018, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.21% alcohol concentration at a section of approximately 2-3 km from the insular area from the insular area to the fire station located in the same Dong to the fire station located in the same Dong (hereinafter “the Defendant”), around 02:50 on August 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes on the acceptance of individuals, such as a reply to inquiries, such as criminal history;

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. Article 35 of the Criminal Act provides that the Defendant is led to a confession and reflect on the reason for sentencing of aggravated repeated crimes.

The intention of life for the defendant is also peeped by marriage planning, running a convenience store business, etc.

However, there has already been a history of being punished for violation of various traffic laws such as driving without a license, driving without drinking, and escape after drinking, and above all, the degree of disregarding the traffic laws has already exceeded the level of disregarding the traffic laws such as not being aware of the period of repeated crime due to drinking driving, and committing again the crime.

In this case where the defendant, who is well aware of the risk of causing an accident due to a drinking driving, once again drinks a drinking, he was able to do so.

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