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(영문) 수원지방법원 2018.10.30 2018고단4175
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On October 29, 2010, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) with respect to support for the development of the Suwon method. On March 30, 201, the Defendant was issued a summary order of KRW 7,00,000 as a fine for the same crime, respectively.

On October 15, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Suwon Friwon, and on December 15, 2015, the Defendant completed the execution of the sentence in the Seosan branch of the Red prison.

[2] On June 26, 2018, Defendant 1, who violated the duty of prohibition of driving under the influence of alcohol two or more times, was driving CFD vehicles at the section of about 100 meters from the Do in front of the influence of the influence of alcohol 0.091% in the state of under the influence of alcohol during the influence of alcohol at around 00:35 on June 26, 2018 to the front road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and attachment of such judgments), investigation report (verification of repeated crimes), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant was sentenced to a fine of KRW 7 million in 201 and had no criminal record due to driving of drinking until the crime of this case was committed.

There is a need for the defendant to support the unsound wife.

Circumstances unfavorable to the defendant are as follows:

Even though there was a record of fines twice due to drinking driving, as stated in the judgment of the defendant, the crime of this case has been committed again.

The defendant shall execute punishment for fraud entered in the judgment of the court.

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