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(영문) 수원지방법원 2017.08.22 2016고단4433
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On November 5, 2009, the Defendant was sentenced to a fine of KRW 3.5 million in the Suwon District Court for a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court on November 5, 2009, and a fine of KRW 2 million in the Suwon District Court on January 9, 2009.

On June 7, 2016, the Defendant driven a fwing-in freight vehicle with alcohol content of about 0.323% while under the influence of alcohol at approximately 10km from the upper upper upper corner of the body where the wife population is moved in, on June 10, 2016, to the front corner of the same Gu C Hospital located in the same Gu.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the 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. The crime of this case on the grounds of sentencing under Articles 53 and 55 (1) 3 (the favorable circumstances to be examined in the latter) of the Criminal Act for mitigation of quantity is a case where the defendant drives a vehicle under the influence of alcohol at 0.323% of the alcohol concentration in the blood of the same kind even though the defendant had been punished twice for the same crime, and the crime of this case is not good. The defendant's blood alcohol concentration is very high, and the defendant's blood alcohol concentration is very high, and there was a risk of traffic interference or accident due to a locking of vehicle in front of the hospital C located in the Ma-si population B, and the defendant was under suspension of execution after having been sentenced to the suspension of execution for six months of imprisonment with prison labor for larceny, and led to the crime of this case. In light of the circumstances, it is inevitable to punish the defendant with severe punishment corresponding to his responsibility.

However, the defendant did not cause a traffic accident due to drinking driving, and there is no record of punishment for the same crime since 2009.

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