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(영문) 수원지방법원 안산지원 2017.09.27 2017고단2185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking) in the support of the Suwon Frigwon on December 18, 2009. On June 13, 2012, the Defendant was sentenced to a suspended sentence of two million won for the same crime in the same court.

[Criminal facts] On July 26, 2017, the Defendant driven a passenger car at CTluri in the state of alcohol alcohol level of approximately 0.364% from the section of about 500 meters to the road of approximately 182 GS 25, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, 145.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes (Attachment to the same type of crime records, etc.);

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. The execution of imprisonment is suspended by committing the same kind of crime under Article 53 and Article 55(1)3 of the Criminal Act four times on the grounds of sentencing, and the defendant, who completed community service and law-abiding driving lectures, once again, was driving at the same time and caused an accident. The defendant, who completed the course of social service and law-abiding driving lectures, has no other means to achieve the purpose of punishment, is sentenced to the punishment, and the defendant shows an attitude against the defendant, and the sentence is determined as per the disposition, taking into account the sentencing conditions indicated in the record.

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