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(영문) 수원지방법원 2018.06.26 2018고단2630

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on December 14, 2013 (the issuance of a summary order of KRW 2 million at the Incheon District Court on February 24, 2014), who driven a motor vehicle under the influence of alcohol on September 18, 2014 (the issuance of a summary order of KRW 5 million at the Incheon District Court on November 26, 2014), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On April 19, 2018, the Defendant driven B K7 car under the influence of alcohol content of about 10km from the 10km section to the road front of the 140-141% of alcohol station in the direction of the Seo-west Highway Seoul, Seo-gu, Nam-gu, Nam-gu, Seoul, Seoul at around 140-6, on April 20, 2018, at around 00:10, the Defendant driven B K7 car under the influence of alcohol content of about 10km from the 10km section to the 0.141% of alcohol content in blood at the front of the service site.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. 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;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been driven again by the Defendant, who had been driven under the influence of alcohol more than twice, and the nature of the crime is not less than that of the crime. The defendant, while driving on an expressway, has a large risk of being subject to concrete external walls on the right side of the road while driving on the expressway, and the defendant, due to drinking alcohol in 2007, was driven under the influence of alcohol in 2013, was driven under the influence of alcohol in 2014, was driven under the influence of alcohol in 2014 without a license or driving without a license in 2015, and was found to have been punished for a fine without being aware of the history of the punishment of the fine.

However, the defendant recognizes the crime of this case.