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(영문) 수원지방법원 2018.11.15 2018고단5174
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 driving a motor vehicle under the influence of alcohol on April 3, 2013 (the issuance of a summary order of KRW 3 million in the support of the Suwon Friwon on April 23, 2013), driving a motor vehicle under the influence of alcohol on September 9, 2013 (the issuance of a summary order of KRW 5 million in the support of the Suwon Friwon Friwon on October 23, 2013), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

Although the Defendant violated the prohibition of drinking drinking drinking drinking regulations at least twice, on August 21, 2018, he again driven a motor vehicle by using Dddrop flusing in the section of approximately 70 km from the Dog-do Dog-ro to the front road of the 130 ambroke apartment, while under the influence of alcohol level of 0.074% at around 01:30 on August 21, 2018, while Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

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 a reply to inquiry, such as criminal history, and a copy of summary order;

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 driven a second alcohol alcohol at least twice, and the nature of the crime is not less than that of the defendant. The defendant was sentenced to one year of a suspended sentence of six months on September 14, 2017 due to interference with the execution of official duties in the support of the Suwon Friwon, and was sentenced to one year of a suspended sentence of one year on September 14, 2017, and was engaged in driving of the drinking of this case without being aware of it.

However, the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration in the blood due to the drinking of this case is not very high, and the defendant is suspended from the execution due to drinking driving.

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