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(영문) 수원지방법원 2018.08.07 2018고단1143

도로교통법위반(음주운전)

Text

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

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

Reasons

Criminal facts

[criminal history] The defendant was issued a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act at the Suwon Flag on January 19, 2007, and on April 9, 2009, the defendant was sentenced to a suspended sentence of two years or more for the same crime in the same court.

[Criminal facts] On February 4, 2018, the Defendant driven a two-wheeled automobile with BPD125 in the state of alcohol concentration of 0.142% during the blood transfusion around 06:50 on February 4, 2018, from the Suwon-si, Suwon-si to the Seoul Metropolitan City Seoul Metropolitan Government GPD125, under the influence of alcohol concentration of 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of crime record);

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 (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), that the defendant has a criminal record of imprisonment with prison labor, and there is no criminal record of the defendant, while the defendant has a record of criminal punishment twice due to driving under drinking, such as the record of the crime in

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;