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(영문) 수원지방법원 2017.08.22 2017고단4481
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[criminal history] On July 1, 2015, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a crime of violation of road traffic law at the Suwon Friwon, and a suspended sentence of two-year imprisonment with prison labor for the same crime in the same court on December 14, 2007.

[2] Although Defendant 1 had been punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 2 driven a D UAD car under the influence of alcohol concentration of approximately 0.201% at the 1km section from May 20, 2017 to the intermediate point of the sea route where the same fluoral system, from the fluoral fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do around 21:50 on May 20, 20

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 inquiries, such as criminal history, and the text of the judgment;

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.

It seems that the defendant disposed of the vehicle operated by the defendant.

The defendant supports his family, including the mother, while operating a secondhand shop.

The family and branch members of the defendant are seeking the wife of the defendant.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.201% high.

There is a history of criminal punishment on several occasions (two times of the suspension of the execution of imprisonment with prison labor and four times of fines) due to drinking driving, including criminal records written in the judgment of the accused.

The Defendant committed the instant crime again during the period of the same suspended execution (Provided, That the current suspended execution period has expired). The Defendant commits a long-term crime.

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