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(영문) 수원지방법원 2018.01.30 2017고단7497
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 201, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act by the Incheon District Court on September 21, 201. On July 23, 2014, the Defendant was sentenced to a summary order of 5 million won for the same crime, etc. at the Suwon Friwon Friwon, and was sentenced to a suspended sentence of 10 months for the same crime in the same court on October 29, 2015.

On November 4, 2017, the Defendant driven a B Bents L500 car on the 3km section of approximately 0.160% alcohol content in blood from the 3km section to the 4th floor parking lot on the ground of the same city, located in the 55-ro Mai-ro, Dong-ro, Mai-ro, Dong-ro, Mai-ro, Seoul, to the fourth floor parking lot on the ground of the 3km.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on actual conditions;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the same type of crime records);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the crime of this case on the reason of sentencing under Article 55(1)3 (the forward sentence) of the Act on the Reduction of Small Quantity is that the defendant driven a motor vehicle under the influence of alcohol at least two times, despite the fact that the defendant had been punished for driving a motor vehicle due to drinking, and the nature of the crime is not good, the defendant's blood concentration is relatively high, the defendant's vehicle's vehicle's blood concentration is relatively high, the defendant caused a traffic accident leading to a shock of the vehicle that he is directly driving, and the defendant has a history of being punished three times (one punishment, one time of suspension of execution, two times of suspension of execution) by the same kind of traffic crime such as violation of the Road Traffic Act. In particular, the crime of violating the Traffic Act (driving) on October 29, 2015, and the crime of drinking.

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