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(영문) 수원지방법원 평택지원 2017.05.17 2017고단755
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On July 11, 2012, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law in the Suwon District Court’s Pyeongtaek District Court’s Housing Site on July 1, 201, and was sentenced to eight months of imprisonment due to a violation of road traffic law at the Suwon District Court’s Suwon District Court’s Suwon District Court’s imprisonment on November 3, 2014, and completed the execution of the sentence at the Sungsung Vocational Training Institution on June 24, 2015.

On March 14, 2017, at around 01:00, the Defendant driven a Dadon car with approximately 1k alcohol concentration of about 0.078% in the section of the Gannam apartment located in about 3-lane 21 in the same city, from the vicinity of the department store of Pyeongtaek-dong New-dong, to the front road of the Gandong apartment in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on repeated crimes and report on the same criminal records) and the current status of personal confinement;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are against the Defendant, and the blood alcohol concentration among the blood of this case is relatively low. However, considering the fact that the Defendant was sentenced twice to imprisonment due to drinking driving, etc., and that the Defendant again committed the instant crime during the period of repeated offense due to drinking driving, it is inevitable to sentence the Defendant’s imprisonment with prison labor.

The sentence shall be determined as per Disposition by comprehensively taking into account all the sentencing conditions indicated in the records of this case, including the above circumstances and the Defendant’s age, sex, family environment, etc.

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