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(영문) 수원지방법원 2018.05.29 2017고단5899

도로교통법위반(음주운전)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On March 19, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law at the Suwon Flag Flag on March 19, 2014. On January 5, 2016, the same court issued a summary order of KRW 5 million for the same crime, etc.

[Criminal facts] On August 23, 2017, the Defendant driven a 1k quantity B Poter truck from front apartment complex of the 2nd city in Busan Metropolitan City to the 52nd road of Osan City, Osan City, under the influence of alcohol level of 0.068% among blood transfusion around 22:20 on August 23, 2017.

Accordingly, the defendant, who was punished for driving under drinking not less than twice, once again driven under drinking.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;