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(영문) 수원지방법원 평택지원 2015.02.05 2015고단21
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 10, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site, and on September 3, 2010, the Defendant received a summary order of KRW 3 million for the same crime at the same court on September 3, 2010, and on June 29, 201, the same court was sentenced to five months of imprisonment for the same crime and completed the execution of the above imprisonment on November 27, 201 at the Suwon District Housing Site, and there was a total of seven criminal records.

【Criminal Facts】

Around 20:40 on May 10, 2013, the Defendant driven a C Ecoo vehicle from around about 50 meters from the Do in front of the construction of Pyeongtaek-si influort Construction to the front road of the Li Hyundai Industrial Complex, while under the influence of alcohol 0.121% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records: Application of criminal records, investigation reports (former records and confirmation of the date of release) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished several times due to drunk driving. In particular, since the defendant was sentenced to punishment due to the crime of drunk driving and driving without a license, he/she again drives under the influence of alcohol even though he/she was under the period of repeated offense, and even he/she was arrested while refusing a request by an investigative agency for attendance, it is inevitable to sentence sentence.

On the other hand, when determining punishment, the sentence shall be imposed as ordered in consideration of various factors of sentencing including the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime.

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