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(영문) 수원지방법원 2018.10.04 2018고단3951
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

The Defendant driving a motor vehicle under the influence of alcohol on July 11, 2010 (the issuance of a summary order of KRW 2 million at the Suwon Friwon on October 8, 2010), driving a motor vehicle under the influence of alcohol on February 5, 2017 (the issuance of a summary order of KRW 3 million at the Suwon Friwon on March 29, 2017), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On July 6, 2018, the Defendant driven a CRaba truck with alcohol level of about 0.10% under the influence of alcohol level of at least 0.10% in blood, without obtaining a driver’s license, from a section of about 100 meters in front of the household distance, located within the sphere of 701 the right line of Suwon-si, Suwon-si, Suwon-si, the Defendant driven a CRaba truck with alcohol level of at least 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a primary driver;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and the statutes attached to the judgment;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 Social Service Order Criminal Act has the history of driving alcohol more than twice, and the Defendant, whose driver’s license was revoked due to drinking driving on September 5, 2010, is not less than the nature of the crime, and the Defendant has a record of punishment for each of the fines due to being discovered for driving alcohol in July 2010, driving without a license in September 2010, driving without a license in February 2017, and driving without a license or driving without a license in February 2017, but there is a little possibility of criticism in that he/she had a record of punishment for each of the fines without being aware.

However, the defendant recognizes the crime of this case.

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