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(영문) 수원지방법원 2018.10.30 2018고단3965

도로교통법위반(음주운전)등

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 May 24, 2016, the Defendant issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board, and on December 6, 2017, the Defendant is a person who has a record of criminal punishment twice or more due to drinking, such as having been sentenced to a summary order of 4.5 million won for a crime of violating the Road Traffic Act (driving) at the same court on December 6, 2017 and a violation of the Road Traffic Act (driving).

[Criminal facts] On July 10, 2018, the Defendant driven a D-Wz car under the influence of alcohol level of about 0.127% while under the influence of alcohol level of around 0.127%, without obtaining a driver’s license from the front side of the Suwon-si, Suwon-si, Suwon-si, to the road in front of the ecological tunnel of Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), that the criminal defendant is divided into and reflects the criminal act in this case, that human and material damage has not occurred due to the criminal act in this case, that there is no record of criminal punishment other than three times,

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;