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(영문) 수원지방법원 2017.09.13 2017고단4045
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million on April 24, 2012 due to a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea on March 25, 2013, and a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of the Republic of Korea on March 25, 2013, and on September 9, 2013, with a fine of KRW 6 million due to a violation of the Road Traffic Act (drinking driving).

[2] On May 12, 2017, the Defendant driven a Chump vehicle with alcohol content of 0.084% under the influence of alcohol level 0.084% while under the influence of alcohol level from May 12, 2017 to the roads before and after the Ma-dong Seoul Ma-dong Factory.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances for sentencing), which are favorable to the reasons for sentencing, are all recognized by the Defendant. - Taking into account the fact that the Defendant’s blood alcohol concentration was not high, the Defendant was punished several times for the same kind of crime. - The Defendant committed the instant crime without any reflectivity despite having been sentenced for four months of imprisonment in 2016 and one year of suspended execution, in spite of having been under suspension of execution. The Defendant committed the instant crime without any reflect nature despite being sentenced to imprisonment for the same kind of crime - The Defendant committed the instant crime without any reflect nature even when he was under suspension of execution. In view of all the kinds of sentencing conditions revealed in the trial process in each of

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