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(영문) 수원지방법원 2017.07.18 2017고단3057
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On January 29, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and a summary order of KRW 3 million as a fine in the same court on December 21, 201, respectively, at the same court.

[Criminal facts] On May 5, 2017, the Defendant driven a F QM6 vehicle owned by E in the section of approximately 300 m of distance from the home flus around Suwon-si to the front day of viewing in the same Dong, under the influence of alcohol level of 0.17% among blood transfusion around 00:0.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and making a tea investigation;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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 distance of the defendant's driving is not along.

There is no criminal record of imprisonment with prison labor for the defendant, and there is no criminal record from the date of the suspension of the execution of imprisonment with prison labor due to the refusal to take measurements of drinking in 2013 until the crime of this case

It seems that the defendant supports the mother's father and is expected to marry.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the Defendant’s blood alcohol concentration is not less than 0.117%, and the level of alcohol is not less than that of the Defendant.

The Defendant, as stated in the record of the crime, has been sentenced to a fine twice due to drinking driving, and around 2013, the Defendant again committed the instant crime even though he was sentenced to a suspended sentence of two years due to the refusal of drinking alcohol measurement and the non-licensed driving, which was sentenced to a suspended sentence of six months.

In 2011, the Defendant was sentenced to a fine of KRW 2 million due to driving without a license.

The above circumstances are different from the Defendant’s age, sex, and behavior.

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