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(영문) 수원지방법원 2018.11.08 2018고단5489

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on May 23, 2009 (the issuance of a summary order of a fine of KRW 1.5 million at the Suwon Friwon on September 11, 2009), driving a motor vehicle under the influence of alcohol on March 29, 201 (the issuance of a summary order of KRW 1.5 million at the Suwon Friwon on April 4, 201), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On August 26, 2018, the Defendant stated in the written indictment around 08:46, the time of the crime was “09:10 at the time of the measurement of drinking,” but it is recognized by the time of the 112 report.

From the front of the “C” road in Suwon-si, Suwon-si, Suwon-si, to the original decoration distance in front of the D in Suwon-si, approximately 2 km was driven by E rocketing car while under the influence of alcohol concentration of 0.116% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of occurrence of the case, photographs of the regulating driving of drinking, and the list of reported cases;

1. Report on the circumstances of a driver making a drinking, notification on the results of regulating the driving of drinking, and the measurement of drinking;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior confirmation of driving of the same kind of drinking and previous conviction);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for the crime of this case is that the defendant, who had a record of driving a drinking not less than twice, drives a second alcohol, not less than twice, and the nature of the crime is not less exceptionally, but less than the amount of alcohol concentration in blood due to the alcohol in this case.

In addition, the Defendant was punished by a fine due to being discovered to drive under drinking in 2002, 2009 and 2011, and then caused a traffic accident in November 2015 and was sentenced to a suspended sentence of 2 years on March 11, 2016, on the ground that the Defendant had been sentenced to a suspended sentence of 2 years on June 201.