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(영문) 수원지방법원 2018.04.10 2017고단7944
도로교통법위반(음주운전)등
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 June 17, 2015, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 5 million from a fine of KRW 5 million due to a violation of the Road Traffic Act (driving), and on April 26, 2017, by receiving a summary order of KRW 2 million from a same court as a violation of the Road Traffic Act (driving) from a person who has committed a violation on at least two occasions.

From March 14, 2017 to June 21, 2017, the Defendant was under the influence of a driver’s license. However, on April 4, 2017, at around 12:48, the Defendant driven C EX car from around the mutual influent restaurant in the south-west, Gyeongnam-gun, Gyeongnam-gun to the front of the Hanam-gun, Gyeongnam-gun, Gyeongnam-gun, in a state of alcohol alcohol content of 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and a statement report on the circumstances of the driver of the main place of business;

1. Notification of the results of regulating drinking driving;

1. Registers of administrative dispositions taken by the main office and driver's licenses;

1. Records of judgment: Application of the relevant Acts and subordinate statutes to a letter of inquiry, copy of the judgment, and summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 Criminal Act was committed by the Defendant, who had been able to drive under drinking not less than twice the validity of a driver’s license, and the nature of the crime is not less than 0.142%, and the numerical value of alcohol concentration in blood due to drinking in this case is not lower than 0.142%, and the Defendant was discovered while driving under drinking on February 6, 2017 and was found to have suspended the driver’s license.

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