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(영문) 수원지방법원 안양지원 2016.07.08 2016고단524
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 14, 2013, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Seoul Central District Court, which was sentenced to a suspended sentence of two years. On September 21, 2006, the Seoul Central District Court issued a summary order of three million won for a crime of violating road traffic laws.

[2] On March 27, 2016, the Defendant driven B K5 vehicle from the 1km section to the next road of the Hanwon Arts University located in the same Dong and was under the influence of alcohol level of 0.121% among blood transfusions around 22:05, and from the 755-4, Guang-si, Guang-si, the Defendant driven B K5 vehicle from the 1km section to the Hanwon Arts University located in the same Dong.

Accordingly, the defendant was punished twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act - has the record of being punished several times due to drinking driving. - The favorable circumstances: the Defendant is against the recognition of the crime.

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