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(영문) 수원지방법원 2018.08.07 2018고단3077
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 is a person who driven a motor vehicle under the influence of alcohol on April 9, 2008 (the issuance of a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the support of the Chungcheong District Court on May 22, 2008), who driven a motor vehicle under the influence of alcohol on June 3, 2008 and June 13, 2008, respectively and has violated Article 44 (1) of the Road Traffic Act at least twice.

On May 24, 2018, the Defendant, while under the influence of alcohol content 0.258% in blood around 23:30 on May 24, 2018, driven B rocketing car at approximately 100 meters from the front door of the 13rd west-ro 13, ri-ro, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri, ri-ri.

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. Report on the circumstances of driving under the liquor:

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

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of inquiry letter, investigation report (Attachment to the previous decisions and judgments, etc.) and statutes, such as criminal history;

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 be a second alcohol driving by the Defendant, who has been under the influence of drinking not less than twice, and the nature of the crime is not less than that of the crime. The amount of alcohol concentration in the blood due to drinking in this case is very high by 0.258%, and the Defendant has already been punished not less than five times due to drinking (two times a suspended sentence of imprisonment and three times a fine) but re-driving the drinking in this case.

(b).

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