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(영문) 수원지방법원 안산지원 2017.01.19 2016고단4458
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant was sentenced to one year of imprisonment due to a violation of road traffic law (unlicensed driving) in the support of the Suwon Friwon method and completed the execution of the sentence on April 16, 2016.

On November 25, 2016, the Defendant driven Cinep motor vehicle under the influence of alcohol content of about 0.128% from the 1km section of approximately 1 km from the front side of the 61st common water zone to the 161st road of the same Gu, the upper limit of the 04:00, Ansan-si, the upper limit of the 04:00, the upper limit of the 61st common water in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history, copy of judgment document 2013 Gowon District Court Ansan-gu 2013 Gowon District Court, and application of Acts and subordinate statutes to the status of personal confinement;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is that the Defendant committed the instant crime without being aware of the period of repeated crime, even though he was prior to the ruling due to driving without a license.

Criminal records are also committed during the period of suspended execution.

The defendant has a lot of history of punishment for the same kind of punishment, such as being sentenced twice to the sentence due to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, two times the suspended sentence of imprisonment, and three times the fine, respectively.

In addition, the defendant has the record of suspending the execution of imprisonment with prison labor and three times of fines.

Pronouncement of sentence is inevitable.

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