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(영문) 수원지방법원 성남지원 2017.07.21 2016고단4240
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 11, 2016, the Defendant driven a CEF Laol car at a section of approximately 500 meters from the front day of a restaurant near the Gyeong-dong in Gwangju-si to the dynamic distance located in the same city, while under the influence of alcohol content of 0.096% during blood at around 21:34.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and application of Acts and subordinate statutes of a report on the circumstances of drivers;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking), the reason for imposing the sentence of imprisonment, etc., is that the Defendant was punished by a fine for a crime of violating the Road Traffic Act on two occasions (the history of punishment for a crime of violating the Road Traffic Act in which other criminal names are not verified). In particular, on September 2, 2016, the Defendant was sentenced to a suspended sentence for six months on September 10, 2016, due to a violation of the Road Traffic Act at the Sungnam support of the Suwon Flag Flag, who was sentenced to a suspended sentence for two months on September 10, 2016.

The Defendant re-offendered the instant crime on the day following the date on which the suspended sentence became final due to the same kind of case.

Not only this court but also the defendant defenses that the previous suspended sentence against himself was wrong in the course of sentencing investigation, etc., and there is a need for doubt as to whether or not the defendant is able to reflect the truth.

It is reasonable to give the defendant an opportunity to be able to understand by sentencing punishment.

However, in determining the specific punishment, it shall be taken into account the drinking volume, the records of the criminal defendant's like crime, and the fact that the previous suspension of execution can be invalidated if the criminal defendant is sentenced to punishment.

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