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(영문) 수원지방법원 여주지원 2018.02.20 2018고단31
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 18, 2003, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on October 7, 2003, on the ground of a violation of the Road Traffic Act, on the main branch of the Chuncheon District Court, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, on September 20, 2007, on the ground of a violation of the Road Traffic Act, on the extension support of the main branch of the Suwon District Court, the summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, on October 30, 2014, on the ground of a violation of the Road Traffic Act (driving of drinking), on the extension support of the main branch of the Suwon District Court, the Defendant was sentenced to a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving of Drinking), and on the ground of a violation of the Road Traffic Act, on February 3, 2016.

On December 15, 2017, at around 20:30, the Defendant driven Cone Star Co., Ltd. with approximately KRW 0.191% alcohol level from the 1km section from the 325-3 side of Nam-ri to the road of the same Sinsan Nam 68-1 prior to the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Status of drinking exposure;

1. As to the investigation report (as to the application of the above Dmark):

1. Inquiries about the results of crackdown on drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of previous records);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The rationale behind sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is as follows: (a) consideration shall be given to favorable circumstances, such as the fact that the Defendant committed the instant crime during the period of suspension of execution; and (b) the Defendant was prior to a fine for the same type of crime during the period of suspension of execution on one occasion during the period of suspension of execution; and (c) consideration shall be given to unfavorable circumstances.

The defendant's age, sex, and age of the defendant.

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