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(영문) 수원지방법원 여주지원 2017.01.24 2016고단1398
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On April 2, 2010, the Defendant was sentenced to a suspended sentence of three years for August, 201 to imprisonment with labor for a violation of road traffic law (dacting driving) in the support of the Frigwon Frigwon.

[Criminal facts]

1. On September 27, 2016, the Defendant driven the C Poter Cargo Vehicles owned by the Defendant under the influence of alcohol leveling 0.166% from the 2km to the 194-68 degree in both sides of the same side, instead of around 21:00 juju-si on September 27, 2016, when the Defendant was under the influence of alcohol leveling from around 2km to the 194-68 degree in both sides of the same side.

2. On September 28, 2016, the Defendant driven a C Poter truck owned by the Defendant under the influence of alcohol concentration of approximately 0.188% from a 200-meter section of alcohol, from around 13:5 on September 28, 2016, to around 13:5 on the same Myeong-ro, instead of innju City, to neighboring farming roads.

Accordingly, the Defendant violated the prohibition of drinking driving at least twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) (which means the one under the influence of alcohol as indicated in the holding), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (which means the one under the influence of alcohol as indicated in the holding), and each choice of imprisonment with prison labor, for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act) are as follows: (a) the Defendant has been punished several times for the same crime; (b) the Defendant has the record of having been suspended from the execution of imprisonment three times or more; and (c) the Defendant has repeated driving of alcohol by tobacco.

In determining the term of punishment, the defendant is committing his/her crime and is in depth against himself/herself.

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