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(영문) 수원지방법원 2018.08.07 2018고단2950

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On June 4, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million on the grounds of a violation of road traffic law at the Suwon Flag method Board, and on August 17, 2007, a summary order of KRW 4 million with the same crime in the same court.

[Criminal facts]

1. On May 3, 2018, the Defendant was under the influence of around 19:36 on May 3, 2018, driving a 80-meter C Pool truck with a alcohol level of 0.240% in alcohol level among blood transfusions, from the Do in front of the gropo-gu cropo-type cropo-type cropo-type 33-meter in the same face.

As a result, even though the Defendant violated the prohibition on driving under the influence of alcohol more than twice, he again driven a motor vehicle while under the influence of alcohol.

2. The Defendant, who violated the Road Traffic Act (unlicensed driving), was driving the said cargo vehicle at the above time and place without the driver’s license of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, response to a request for appraisal, report on the detection of the driver involved in driving, the ledger of driver's licenses, and the next written inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

There is a situation in which the defendant is economically difficult to support two children.

Circumstances unfavorable to the defendant are as follows:

The defendant is driving without driver's license while driving under the influence of 0.240% of alcohol concentration in blood.