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(영문) 수원지방법원 안양지원 2018.06.07 2018고단432
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 30, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of road traffic law in support of the Sungnam-gu Friwon method, etc. on August 30, 2007. On September 24, 2010, the Defendant was sentenced to a summary order of 3 million won for a crime of violation of road traffic law (driving of alcohol) in support of the Sungnam-ri method.

Criminal facts

On January 12, 2018, the Defendant: (a) driven B-low-car under the influence of alcohol for about 3 0.143% while under the influence of alcohol, from the finite’s house located in Busan-dong, Sinpo-si to the point where 22 km away from the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si; (b) the Defendant driven B-low-car under the influence of alcohol for about 0.143%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A traffic accident report;

1. Application of Acts and subordinate statutes to inquiries about criminal history, copies of judgment, and copies of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. A favorable circumstance for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act, such as the fact that the defendant's error is against the reason for sentencing, etc., and the defendant, on March 9, 200, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of traffic laws on the roads, etc. on March 9, 200, two years of the suspension of the execution of imprisonment for one year, and two years of September 18, 2003 due to a violation of traffic laws on the roads on September 18, 200, two years of the suspension of the execution of six months; a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents on August 30, 207; a violation of traffic law on September 24, 2010; and a violation of the Road Traffic Act on September 24, 2010.

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