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(영문) 수원지방법원 2018.08.21 2018고단3219
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant is a person who had been punished for driving alcohol on July 18, 200 by a fine of 70,000 won or more due to a violation of road traffic law at the Suwon Flag method Board on July 18, 2008, and on October 16, 2014, the same court sentenced imprisonment with prison labor for the same crime on August 201 to a suspended sentence of two years or more.

[2] On May 22, 2018, the Defendant driven C cargo vehicle under the influence of alcohol leveling of 0.152% from the Do in front of the drinking house located in the Chowon-gu, Suwon-si, Suwon-si, Suwon-si to the 31st road of 159-ro, Man-ro, 159.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement D or A;

1. Notification of the results of regulating drinking driving;

1. Photographss by cutting off on the spot and black stuffs images;

1. Previous conviction: Application of a reply to inquiry, a copy of a summary order, and a copy of the judgment text, such as criminal history;

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is divided into and reflected in the crime of this case.

A relatively short distance from the defendant's drinking driving is the shortest.

The defendant has no criminal records of imprisonment with prison labor, and there is no record of criminal punishment except for criminal records due to drinking.

There is clear social relationship between the defendant and his parents, and there is a need to support his parents.

Circumstances unfavorable to the defendant are as follows:

As indicated in the record of the crime, the Defendant committed the instant crime even though he was sentenced to a fine of KRW 700,000 due to a light drinking driving in 2008 and was sentenced to a traffic accident in 2014, and was sentenced to a suspended sentence of 2 years (in the first instance trial, a non-detained sentence was sentenced) in August, on the ground that he again committed the instant crime even though he was sentenced to a suspended sentence of 2 years (in the first instance trial, a non-detained sentence was sentenced).

At the time of the instant crime, alcohol concentration in the blood of the Defendant.

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