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(영문) 수원지방법원 여주지원 2017.10.13 2017고단936
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Suwon Flag Flag method Board on December 26, 2013, and was sentenced to a summary order of a fine of five million won or more for the same crime on May 23, 2012.

On July 2, 2017, the Defendant driven a B car in a section of approximately 1.4 km from the Gun community center located in the same Ri from the two horizontal public market parking lot in the Gyeonggi-gu Yangyang-gun Yangyang-si, Yangyang-si, Yangyang-si, under the influence of alcohol leveling to 0.228% of the alcohol level during blood transfusion around 12:01.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. A criminal investigation report (Confirmation of the distance driven by a defendant);

1. Investigation report (verification of the same kind of power);

1. Application of Acts and subordinate statutes, such as inquiry and text of judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Act on Reduction of Small Amount of Punishment (Article 55, Paragraph 1, 3 of the same Article) has the intention to commit a crime and reflect it shall be taken into

However, even though the defendant was punished by fine, suspension of execution, and punishment due to drinking driving, it is not good that the defendant has reached the crime of this case, and it is necessary to isolate the defendant from society for a certain period of time in order to eliminate the habitability of drinking driving and to eliminate the risk of driving under drinking to the general public due to drinking driving.

In addition, all the sentencing conditions under Article 51 of the Criminal Act, such as drinking volume, driving distance, age, criminal defendant's sexual behavior, environment, etc., shall be determined as per the order.

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