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(영문) 수원지방법원 안양지원 2018.04.20 2017고단2213
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law in the support for the development of a water source method and a water source, and on September 21, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the support for the development of a water source method and a water source, and the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law on September 21, 2012 and was sentenced to

On September 22, 2017, the Defendant driven a coo car in D under the influence of alcohol content of about 0.068% at a section of approximately 1km from the public parking lot near the camping tower in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front day of the Do-gu, Sungnam-si to the Do-dong of Sungnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (Attachment of sentence of judgment), and copy of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of driving: The period of punishment for driving under drinking has reached four times, and there is a need to strictly punish the defendant by putting the person under the influence of drinking, even though he/she had the record of suspended execution.

The favorable circumstance seems to be the attitude of the defendant to reflect the wrongness.

There is no record of crime for about five years after the judgment of suspension of execution, and there is no record of crime.

Determination of sentence: Determination of sentence shall be made in the same manner as the order, taking into account all the conditions of sentencing, such as the drinking driving circumstances claimed by the defendant, the age, sex, environment, etc.

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