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(영문) 수원지방법원 2018.10.11 2018고단4591
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on June 3, 2006 (the issuance of a summary order of a fine of four million won at the Suwon Friwon on August 25, 2006), driven a motor vehicle under the influence of alcohol on September 26, 2015 (the issuance of a summary order of a fine of six million won at the Gwangju District Court on November 3, 2015), driven a motor vehicle under the influence of alcohol on September 5, 2017 (the suspension of execution of two years from the imprisonment of the Suwon Friwon on November 15, 2017), and violates Article 44(1) of the Road Traffic Act at least twice.

On July 27, 2018, the Defendant, without obtaining a driver's license on a motor vehicle, driven a D body-wide car from the large-scale reduction and exemption of alcohol to the large-scale bank 534 % of 0.184% of alcohol concentration in the blood while being drunk, from the large-scale reduction and exemption of alcohol to the large-scale bank 534 % of 534.

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. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, a copy of a summary order, and a copy of the judgment text, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case for the reason of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity was committed on at least two occasions, and on October 21, 2017, the defendant, whose driver's license was revoked due to driving under drinking on at least two occasions, is not easy to commit the crime, and the amount of alcohol concentration in the blood due to drinking in this case is high. The defendant was found to have been driven under drinking twice for the past three years, and the defendant was found to have been driven under drinking twice for September 15, 2017, and was sentenced to a suspended sentence for six months from his imprisonment to six months from his imprisonment.

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