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(영문) 수원지방법원 안양지원 2018.07.25 2018고단566
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 15, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the Incheon District Court’s Branch Branch on March 20, 2009, the Defendant received a summary order of KRW 3 million due to a crime of violating road traffic law (drinking driving) from the Incheon District Court’s Branch Branch on March 20, 2009, and on February 7, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating road traffic law (dacting driving) from the Incheon District Court’s Branch on February 15, 2017, and the judgment became final and conclusive on February 15, 2017.

[2] On March 21, 2018, the Defendant driven B rocketing car under the influence of alcohol content 0.151% from a section of approximately 1km to the front of the mountain market distance in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act shows the attitude of reflecting his/her mistake.

However, even though there are three times of punishment, including a suspended sentence of imprisonment due to drinking driving, the driving of alcohol has committed a crime of drinking again, and the degree of driving is also serious.

The sentence shall be determined as ordered in consideration of such circumstances, driving distance, defendant's age, sex, occupation, family environment, etc.

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