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(영문) 수원지방법원 안산지원 2019.03.28 2018고단4596
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 14, 2018, the Defendant was sentenced to four months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (sexual Purpose and Public Place Intrusion) in an Ansan District Court’s Ansan Branch on March 14, 2018, and the execution of the sentence was completed at the Sungsung Vocational Training Correctional Institution on July 13,

On May 2, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on May 2, 2016, and was punished two times or more due to drinking driving by receiving a summary order of KRW 3 million from the same court as the same crime on August 24, 2017.

【Criminal Facts” around 05:30 on November 18, 2018, the Defendant driven BK3 automobiles at a distance of about 500 meters from the Gmond Park in the Damond Park located in the front line of the member-gu in Ansan-si to the 4th parallel of the Dong Dong Dong-dong, in a state of under the influence of alcohol of 0.105%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and notification of the results of the control of drinking driving and recording thereof;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (including attached documents Nos. 13, 14, and attached documents of evidence list);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized the instant criminal facts and repented in depth the mistake.

In order to treat alcoholic proof, it is necessary to not re-offending such as receiving a psychiatrist counseling treatment.

The father of the defendant is going to undergo a crypt operation after he has undergone a crypt operation.

At present, the defendant is working at a home-based company and is nothing but at the family's livelihood.

The family members and branch members of the defendant want to have the wife against the defendant.

On the other hand, the defendant has been punished twice by a fine due to a violation of the Road Traffic Act.

Blood alcohol concentration is 0.105% higher.

The defendant.

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