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(영문) 수원지방법원 2019.07.18 2019고단2300
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 18, 2018, the Defendant was released from the Suwon Detention House on January 30, 2019 and completed the execution of the sentence on February 23, 2019.

【Criminal Facts】

On April 19, 2019, at around 03:00, the Defendant driven Cschnton car under the influence of alcohol concentration of approximately 0.089% from a distance of about 5 km from the front of the Gu funeral distance to the front of the Sinsung City, the Defendant driven Cschton car at a distance of about 0.089%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of the fact that the period of repeated crime of a suspect is period) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which has already been sentenced to criminal punishment due to drunk driving or refusal of measurement, has already been three times the period of parole, but has not yet passed after the parole. In addition, it is inevitable to sentence a sentence on the ground that the nature of the crime is not good.

However, in consideration of various sentencing conditions shown in the records and arguments, such as the fact that the defendant is led to confession and reflect, the fact that the defendant is a repeated offender due to this previous year, the age, character and conduct, environment, the circumstances of the crime of this case, and the circumstances after the crime, etc., the punishment shall be determined as ordered.

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