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(영문) 수원지방법원 2018.05.18 2018고단648
도로교통법위반(음주운전)
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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

Criminal facts

[Power of crime] On October 7, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court, and on August 9, 2012, the same court was issued a summary order of KRW 5 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (abrue prior to the death or injury caused by danger) and a crime of violating the Road Traffic Act.

[Criminal facts] On January 31, 2018, the Defendant driven a B-hand car at a 20-meter level near a public parking lot located in Osan-si, Osan-si, under the influence of alcohol level of 0.129% during blood transfusion around 22:55.

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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), the fact that the criminal defendant committed the crime in this case does not cause human and material damage

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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