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(영문) 수원지방법원 성남지원 2018.10.10 2018고단1047
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On November 3, 2014, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law at the Suwon Flag Flag on November 3, 2014. On October 23, 2017, the Defendant was punished by a fine of 1.5 million won due to a violation of road traffic law in the support of Flag Flag Flag Flag, which was sentenced to a fine of 1.5 million won or more due to drinking.

around 02:00 on March 2, 2018, the Defendant driven B-low-income car under the influence of alcohol content of 0.122% in blood, from 9:00 to 13:0 on the day before the 105-ro, Sungnam-si, Sungnam-si, Manam-ro, 9.16 to the day before the hotel of 13:16 Manam-do, as Dongnam-nam-do.

As a result, the Defendant was punished for drinking more than twice, but was driving a motor vehicle under the influence of alcohol again.

On April 30, 2018, the Defendant 2018 Godan 1655, the Defendant driven Bchip car over a section of about 500 meters from the roads near the Cheongdam-dong, Gangnam-gu, Seoul to the roads in the Cheongdam-dong, Gangnam-gu, Seoul, with alcohol concentration of 0.07% while under the influence of around 16:00 on April 30, 2018.

As a result, the Defendant was punished for drinking more than twice, but was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

"2018 Highest 1047"

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A report on detection of a driver at the main place of business: "2018 high group 1047 high group of business;

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notice of the result of crackdown on driving drinking;

1. The details of the driver's license revocation before judgment;

1. Inquiries about criminal history, response to criminal investigation reports (verification of drinking driving records), list of relevant cases, and application of each summary decision-making statute;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license) and the selection of imprisonment for each crime;

1. Article 40 and Article 50 of the Criminal Code (the crime of drinking alcohol in the judgment of the case No. 1655 of the High Order No. 2018) of the Commercial Competition Act and the crime of drinking alcohol in the judgment of the court.

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