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(영문) 수원지방법원 2018.08.07 2018고단3026

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] On April 13, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), on February 26, 2008, a summary order of KRW 5 million for the same crime at the Seoul Central District Court on February 26, 2008, and on January 2, 2012, a summary order of KRW 3 million for the same crime in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea, respectively.

[2] The Defendant: (a) was a person who violated the duty of prohibition of driving under the influence of alcohol on at least two occasions on April 25, 2018; (b) was under the influence of alcohol at around 00:27:0 on April 25, 2018; and (c) was driving BM car from around 1km to the road front of the Island located in the middle-gu 277-11, Jung-gu, Pung-gu, Sungnam-gu, Seoul; and (d) was under the influence of alcohol at around 0.094% of alcohol level during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of a driver driving a drinking and an inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

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 Act on 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) (Article 62(1) of the Criminal Act (Article 62 of the Criminal Act provides that the Defendant is divided into and reflected against the instant crime; personal and material damage has not occurred due to the instant crime; there is no criminal record exceeding the fine

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;