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(영문) 수원지방법원 평택지원 2013.06.27 2013고단504
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 10, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the site level of the Suwon District Act, and on October 15, 2010, the same court was sentenced to a fine of four million won for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). On March 17, 201, the Daejeon District Court was sentenced to imprisonment of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving) and two years for a suspended sentence.

【Criminal Facts】

On March 21, 2013, at around 21:36, the Defendant driven a B-car under the influence of alcohol content of approximately 1.5km from the section of approximately 1.5km to the lapon of the Central University, which was in front of the E-U.S. House in Ansan City, to the same lapon.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous convictions in judgment: References to criminal records and investigation reports (formers and reports attached to written judgments) shall apply to 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 for drunk driving three times, and, in particular, it is inevitable to sentence the Defendant on the grounds that the Defendant was sentenced to imprisonment for one year for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) in the Support of the Daejeon District Court on March 17, 2011 due to the occurrence of a traffic accident due to drinking conditions, and the judgment of two years of suspended sentence and probation, and a community service order for 120 hours for a year was sentenced, and the said judgment was confirmed on March 25, 201, and was still under probation, and again committed the crime of drinking driving

On the other hand, in determining the sentence,

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