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(영문) 수원지방법원 여주지원 2018.08.14 2018고단651
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court, and on March 24, 2017, a summary order of KRW 1 million with a fine of KRW 2 million at the Seoul Southern District Court.

1. On March 27, 2018, the Defendant driven a motor vehicle with low alcohol level of 0.118% while under the influence of alcohol level of 0.118% from D parking lots located in Ischeon-si C around 23:50 on March 27, 2018 to E apartment in the same city.

2. On March 27, 2018, at around 23:50, the Defendant damaged the property by cutting off one of the victim-owned market value of KRW 180,000, where the victim was worn by the victim while he/she was in dispute with the issue of the victim G (65 years of age) who was a taxi engineer who transported the Defendant to the front of the D parking lot located in Ison-si, Leecheon-si and the taxi moving route.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

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

1. G statements;

1. Driver's license:

1. Statement with respect to G;

1. Investigation report (verification of driving skills of drinking);

1. Investigation report (verification of the extent of damage caused by storm or flood);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 (1) and Article 43 of the Road Traffic Act; Article 366 of the Criminal Act concerning facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a crime under Article 40 and 50 of the Road Traffic Act and a crime under Article 50 of the Road Traffic Act (a crime under Article 40 of the same Act; a punishment provided for a crime under any Act concerning the traffic of roads, the punishment of which

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment on Crimes of Violation of Road Traffic Act with No Additional Punishment) of the Aggravation of Concurrent Crimes.

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