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(영문) 수원지방법원 안양지원 2016.11.02 2016고단1365
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 23, 2009, the defendant was sentenced to a summary order of KRW 3.5 million by the Changwon District Court for the violation of the Road Traffic Act (Arrithing Operation) and the violation of the Road Traffic Act (Arrith Action after Accidents). On June 19, 2009, the same court was sentenced to a suspended sentence for four months by imprisonment for the violation of the Road Traffic Act (Arrith Driving) and the violation of the Road Traffic Act (Arrith Driving).

【Criminal Facts】

At around 10:50 on July 2, 2016, the Defendant driven B rocketing car over about 500 meters from the Do near the event distance to the Do in the 607 Hapo-si of Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate 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. Reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation - Unfavorable circumstances: The period from 2007 to 2009, including the first head's previous conviction in the judgment, committed the same kind of crime in spite of three previous crimes due to the crime of violation of the Road Traffic Act; the occurrence of an accident; the high degree of blood alcohol concentration; the higher degree of blood alcohol concentration - The degree of favorable circumstances is very favorable: the defendant's age, character and conduct, occupation, family relationship, property status, and the circumstances before and after the crime.

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