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(영문) 수원지방법원 여주지원 2017.06.16 2016고단1473
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 31, 2013, the Defendant was issued a summary order of KRW 5 million as a crime of violating road traffic law (drinking driving) at the inn of the Sugwon method. On August 25, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a crime of violating road traffic law (drinking driving) in the same court.

[Criminal facts] On September 28, 2016, the Defendant driven C Poter cargo under the influence of alcohol content of 0.223% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from approximately 12 km from the 51st head-ro gold-ro, gold-ro, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-si, Gon-do, to

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of drivers in violation of the Traffic Act on roads;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant had the record of having been sentenced to a suspended sentence of imprisonment due to drinking driving and non-licenseless driving, which led to the reduction of driving again under the influence of alcohol, and the amount of alcohol concentration is very high among the blood transfusion controlled and measured by the instant crime.

It is reasonable to strictly punish the defendant in consideration of the purpose of the Road Traffic Act in order to strictly punish repeated driving of drinking and prevent the non-driving of drinking.

However, the fact that the defendant reflects the crime, and the occurrence of a traffic accident while driving under drinking does not occur, etc. shall be considered as favorable to the defendant, and the defendant's economy.

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