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(영문) 수원지방법원 2016.10.20 2016고단3778
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the official support of the Daejeon District Court on January 12, 2012, and was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act in the official support of the Daejeon District Court on January 12, 2012, and on August 26, 2014, in the official support of the Chuncheon District Court on August 26, 2014, the Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) in the official support of the Chuncheon District Court on January 25, 2015.

On June 24, 2016, at around 08:35, the Defendant driven a B car under the influence of alcohol level of about 0.180% in a section of about 10km from the front of the mutual influoral main station located in the Escopic disease zone to the front of the Suwon-si, Suwon-si, Suwon-si, U.S. to the front of the six-way road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of the Acts and subordinate statutes on criminal records, etc. and personal confinement status;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the Defendant committed the instant crime of drinking alcohol during the period of repeated crime even though he/she had been sentenced twice to punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, he/she committed the instant crime of drinking alcohol during the period of repeated crime, etc.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is against the defendant, and the age, character, conduct and environment of the defendant, shall be determined as ordered.

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