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(영문) 수원지방법원 2018.10.30 2018고단2599
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on February 6, 2015), and a fine of KRW 4 million for the same crime in the same court on July 7, 2016, respectively. On June 23, 2017, the Defendant was sentenced to imprisonment for the same crime in the same court on June 23, 2017.

[2] On April 29, 2018, the Defendant driven a coo car at approximately 700 meters from the front of a restaurant in the city of emulation in the city of emulation to the front of a cafeteria in the city of emulation in the river market, which is under the influence of alcohol level of 0.075% among the blood transfusions around 19:35, the Defendant driven a coo car at approximately 700 meters away from the front of the restaurant in the city of emulation.g., the city of emulation.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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, report on the result of confirmation of the previous convictions in disposition (Attachment of judgment, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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, and the alcohol concentration level of the Defendant’s blood at the time of the crime is not high.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant was punished by a fine for around 2015 and around 2016, as stated in the record of the crime in the judgment of the court, and was sentenced to a two-year suspended sentence for driving under drinking in 2017 and was sentenced to a two-year suspended sentence for driving under drinking in 2017, and again committed the crime in this case during the suspended sentence period.

The age of the defendant is different from the above circumstances.

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