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(영문) 수원지방법원 안산지원 2018.09.18 2018고단2381
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (drinking driving), and on January 17, 2013, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) from the Suwon Flag Flag method Board on January 17, 201. On February 13, 2013, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) from the Suwon Flag method Board on February 13, 2013.

On June 3, 2018, the Defendant driven a car with B low alcohol content of about 800 meters from the 513 Lone Star-ro 513 Lone Star-si, Ansan-si, an art university in Ansan-si to the front day of the 119 Sudong elementary school at approximately 800 meters, while under the influence of alcohol content of the blood at around 0.088%.

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. Application of Acts and subordinate statutes governing the record of drinking measurement;

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. The punishment shall be determined by comprehensively taking into account the following circumstances in the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

A favorable circumstance: The defendant is led to confession.

The defendant has been subject to punishment three times only after 2006 due to driving of drinking, and has been subject to punishment twice even before it.

In addition, there is no intention to comply with the Road Traffic Act, such as being punished several times with unauthorized driving.

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