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(영문) 수원지방법원 2018.09.06 2018고단3805
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 June 7, 2014 (the issuance of a summary order of KRW 4 million at the Suwon Flag Flag on June 22, 2014), driven a motor vehicle under the influence of alcohol on October 8, 2014 (the issuance of a summary order of KRW 3 million at the Suwon Flag Flag on November 6, 2014), driven a motor vehicle under the influence of alcohol on January 4, 2016 (the issuance of a summary order of KRW 6 million at the Suwon Flag Flag on February 15, 2016), and violated Article 44 (1) of the Road Traffic Act at least twice.

On June 23, 2018, the Defendant driven BM5 car from the 1km section to the roads near the fish station located in the air station in the Heung-gu, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, Gosi-dong, GM5 car, while under the influence of alcohol 0.218.26% of alcohol content.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection and reporting of violations of traffic laws on roads, and photographs at the control site;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Records of judgment: Application of inquiry letter, investigation report (former and summary order appended thereto) and statutes, such as criminal history;

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 that the defendant, who had been able to drive under drinking not less than twice, once again, and the nature of the crime is not less than that of the crime, and the degree of alcohol concentration due to drinking in this case is very high. The defendant has the record of being punished three times by a fine due to drinking for the past five years, and there is a lot of possibility of criticism.

However, the defendant recognizes the crime of this case.

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