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(영문) 수원지방법원 안양지원 2018.10.26 2018고단1394

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 8, 200, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving in drinking), and was sentenced to a fine of KRW 1.5 million on April 9, 2014 for a violation of the Road Traffic Act (driving in drinking), and was sentenced to a fine of KRW 1.5 million by the same court on August 31, 2016 for a violation of the Road Traffic Act (driving in driving in drinking), and was sentenced to a fine of KRW 6 million by the same court on October 14, 2016.

[Criminal facts] On August 11, 2018, the Defendant driven B rocketing car at the section of approximately 2 km from the front side of the sampling hospital located in 730 per Sinpo-si, Sinpo-si, Sinpo-si, to the front distance of the bank located in 113-6, under the influence of alcohol content of 0.149% during blood transfusion around 01:25.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act on the grounds that a person has been punished four times by a fine for alcohol driving, has been exposed to a relatively short time

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;