(영문) 수원지방법원 여주지원 2018.08.22 2018고단588

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.08.22 2018고단588

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 15, 2013, the Defendant was sentenced to a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon method. On January 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving) in the Sriwon Friwon method support.

[Criminal facts] On April 13, 2018, the Defendant driven a F-car under the influence of alcohol with approximately 0.118% alcohol concentration of approximately 500 meters from the front road of the “C” located in Ischeon-si B to the front road of the “E” located in Ischeon-si D.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. The Defendant committed the instant crime, even though he/she had the record of having been sentenced to imprisonment with prison labor by driving a drinkingless license during the period of the suspension of the execution of the sentence, since he/she escaped without any necessary relief measures after causing traffic accidents, resulting in the pertinent legal provisions of the relevant criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, and again committed the instant crime.

Among the crimes of this case, there was a risk of causing the accident of street trees adjacent to the road and spreading the same passengers.

The defendant, however, was forced to drive a drinking in order to bring the person on his house.

The drinking is changing and the driver is asserting the behavior for the passenger.

The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the age and environment of the accused, the motive and background of the offense committed by the accused, and the control details as shown in the situation of the driving of the State.

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