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(영문) 수원지방법원 2018.04.24 2018고단160
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

On April 2, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on April 2, 201, and on May 4, 2015, issued a summary order of KRW 5 million due to a crime of violating the Road Traffic Act (drinking driving), and is a person who violated Article 44(1) of the Road Traffic Act at least twice.

On December 19, 2017, the Defendant driven the BESCOMTRT 110 engine device under the influence of alcohol content of approximately 0.212% from the 300-meter section to the 832-67 front of the Jinan-si, Jin-si, Jin-si, YUR 5, Cheongsung-si, an volcanic city, in a light of light of 03:42 on December 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the department related to the report of the case 112 case, report on the situation of the driving of the principal and the examination site photographs;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, investigation report (the confirmation of criminal records of the same kind) and other relevant Acts and subordinate statutes;

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 has had a record of driving drinking not less than twice of alcohol, drives another drinking, and the nature of the crime is not less than that of the crime, and the numerical value of alcohol concentration in the blood due to drinking of this case is 0.212% higher.

In addition, the Defendant’s 2010 driving without a license in 2011, driving without a license in 2014, driving without a license in 2015, driving without a license in 2015, and driving without a license in 2016 without a license in 2016 without being aware of the fact that the Defendant committed the instant drinking without being aware of the fact that he had been punished for a fine for driving without a license in 2016, the possibility of criticism is low.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and that the defendant has no record of punishment for the suspension of execution or higher until now, and that there has been no history of punishment.

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