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(영문) 수원지방법원 2018.05.29 2018고단1362
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant is a person who was punished for driving under drinking on August 20, 2013 by a fine of seven million won or more due to a violation of road traffic law at the Suwon Flag method Board, and on September 18, 2014 by a same court on September 18, 2014 due to the same offense, etc., who was sentenced to a suspended sentence of two years or more for a suspended sentence of six months or more.

[Criminal facts] On March 14, 2018, the Defendant driven Cho-low-low-income cars from the front of the Sugwon-gu Kug-gu Kug-gu Kug-gu, Sugwon-gu, Sugwon-ro, 145, 145, the same number of 23 Suwon-si, Sugri-gu, 4, 413, to the front road of the 413-dong, while under the influence of alcohol leveling 0.160% of alcohol level during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

1. Photographs taken at the control place; and

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, copy of judgment, etc., 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 divided into and reflected in the crime of this case.

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

The defendant seems to have disposed of the vehicle operated by him.

There are no criminal records except criminal punishment due to drinking driving, and there is no criminal records of imprisonment.

It seems that the defendant is making efforts to prevent his drinking habits.

There is a position in which the defendant should support his parents with disability, and social relationship is clear.

Circumstances unfavorable to the defendant are as follows:

The defendant was punished by a fine for around 2008, around 201, and around 2013, and was sentenced to a suspended sentence of two years due to drinking driving in 2014, but he was sentenced to a suspended sentence of six months.

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