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(영문) 수원지방법원 성남지원 2017.10.17 2017고단1905
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 5, 2004, the Defendant was notified of a summary order of a fine of one million won for a crime of violating road traffic law at the Seoul Eastern District Court, and on April 26, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime, and on January 16, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime and was released on October 28, 2014 and the period of parole was passed on January 15, 2015.

[2] On July 7, 2017, the Defendant driven B cargo at a section of about 500 meters in front of the road in front of the restaurant, where the Defendant was under the influence of alcohol level of 0.134% among the blood alcohol level of around 22:02, while driving at approximately 500 meters in front of the road in front of the restaurant, due to the difficulties in 43 and 2 stories in Gwangju-si, the difficulty in Eup due to the difficulty of Gwangju-si, the difficulty in Eup due to the difficulty in 333.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of a reply to inquiries, such as criminal history records, investigation reports (Attachment of the previous and the summary order and the rulings, and the personal confinement status), summary order documents, written judgments, and Acts and subordinate statutes concerning the personal confinement status;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case for the reason of sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity, is deemed to have driven a cargo under the influence of alcohol level of 0.134% in blood. In light of the content of the crime and the method of the crime, etc., the crime of this case is committed when the defendant is under repeated crime of the same kind, such as the record of the crime in the judgment, and even though the defendant is under repeated crime of the same kind, the defendant committed the crime of this case. At the time of this case, the defendant's blood alcohol concentration was considerably high, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant does not repeat the crime as he reflects his mistake, etc. is the defendant.

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