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(영문) 수원지방법원 2019.02.13 2018고단6811
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On October 20, 2014, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million at the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving). On April 8, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on the grounds that on August 10, 2017, the Defendant was sentenced to a suspended sentence of one year with imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Violence, etc.) at the Suwon District Court on the grounds that he/she was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on November 11, 2018, at around 00:18, the Defendant driven a DNA car in a state of alcohol alcohol concentration of about 4km from the 4km section from the front of the Suwon-si B market in Suwon-si to the front road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant was under the influence of alcohol concentration of about 0.278%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of blood collection control (blood collection result) and a report on the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the same kind of power and the period of suspension of execution) and Acts and subordinate statutes;

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. The reason for sentencing [the range of applicable sentences] for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following reasons for sentencing] (the scope of applicable sentences] from 6 months to 1 year and 6 months of imprisonment [the decision of sentencing] as follows, and other factors indicated in the records, such as the defendant’s age, character and conduct, environment, motive and circumstances after committing the crime, etc., the sentence was determined as ordered.

The favorable circumstances show the attitude of recognizing one's wrong and seriously reflecting one's own wrong, and in the future, he does not drive under the influence of alcohol again, and supports the flag's behavior.

The defendant has been punished twice due to drunk driving.

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