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(영문) 수원지방법원 2018.10.04 2018고단4437
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who driven a motor vehicle under the influence of alcohol on December 31, 2007 (the issuance of a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000) under the influence of alcohol on September 6, 2008 (the issuance of a summary order on November 13, 2008, with a fine of KRW 1,50,00,00,000,00,000,000,000) while driving a motor vehicle under the influence of alcohol on August 22, 203 (the suspension of sentence of two years from the method of Suwon on December 5, 2013), and Article 44(1) of the Road Traffic Act at least twice.

Despite the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant, while under the influence of alcohol at around 23:25 on August 3, 2018, driven the B rocketing car from around 1km to the front road of the Red Cross on the part of the Suwon-gu transfer-on restaurant in Suwon-gu, Suwon-si, the Haak-gu transfer-on restaurant in Suwon-si, and the front road of the Red Cross on the part of the Red Cross on the part of the Red Cross on the part of KRW 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, investigation report (the same type of criminal history) and other Acts and subordinate statutes;

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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been driven again by the Defendant, who had been under the influence of driving under the influence of alcohol not less than twice, and the nature of the crime is not less than that of the crime. The amount of alcohol concentration in the blood due to the instant drinking is not less than that of the crime. The Defendant, even though he was discovered to have been under the suspension of the execution of imprisonment due to his detection of driving under the influence of alcohol during August 2013 and had been subject to punishment for the suspension of the execution of imprisonment,

However, the defendant recognized the crime of this case and made his mistake.

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