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(영문) 수원지방법원 2018.09.18 2018고단2925
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

Punishment of the crime

1. The Defendant is a person who driven a motor vehicle under the influence of alcohol on May 14, 2015 (the issuance of a summary order of a fine of KRW 3 million at the Ulsan District Court on July 8, 2015), drives a motor vehicle under the influence of alcohol on January 17, 2016 (the issuance of a summary order of KRW 3 million at the Daegu District Court Branch on May 9, 2016), drives a motor vehicle under the influence of alcohol on September 16, 2016 (the issuance of a summary order of KRW 7 million at the flood support of the Suwon District Court on November 2, 2016), and violates Article 44(1) of the Road Traffic Act at least twice.

On April 2, 2018, at around 23:53, the Defendant driven a e-sports cargo vehicle B in the state of alcohol alcohol concentration of about 0.199% at a section of about 50 meters from the place where it is impossible to know that the e-mailed house in Suwon-si is less than hereinafter, the Defendant driven a e-sports cargo vehicle B without a vehicle driver's license in the state of alcohol content of about 0.19% from the e-mailed e-sports convenience store in Suwon-si.

2. The Defendant violated the Resident Registration Act by talking the Defendant’s resident registration number as if the Defendant was the Defendant’s resident registration number, and illegally using another’s resident registration number in order to conceal the fact of his/her fine, when and at the time and place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. A report on investigation, and a family relation certificate;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary attachment of an order) and other statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1 of the Road Traffic Act concerning facts constituting an offense (the point of drinking), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 37 subparag. 10 of the Resident Registration Act (the resident registration number)

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