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(영문) 수원지방법원 2018.05.29 2018고단744

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 September 17, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the Suwon Flag Flag method, the summary order of KRW 2.5 million for the same crime in the same court on October 19, 201, and the summary order of KRW 5 million for the same crime in the same court on August 26, 201, respectively.

[Criminal facts] On February 3, 2018, the Defendant driven a B Kanop vehicle under the influence of alcohol concentration of about 0.059% in the section of approximately 6km from the 18:35 square meters to the roads in front of the 22-ro, Sinwon-si, Suwon-si, Suwon-si, Sinwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a driver at the main place and a record of measurement;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007); Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2008Da1548, Apr. 2, 2006)

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;