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(영문) 수원지방법원 2018.10.04 2018고단4338
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 driving a motor vehicle under the influence of alcohol on April 20, 201 (the issuance of a summary order of KRW 2.5 million at the Seoul Western District Court on August 22, 201), driving a motor vehicle under the influence of alcohol on June 30, 201 (the issuance of a summary order of KRW 3 million at the Seoul Western District Court on August 8, 201), driving a motor vehicle under the influence of alcohol on October 8, 201 (the issuance of a summary order of KRW 5 million at the Seoul Western District Court on December 19, 201), and driving a motor vehicle under the influence of alcohol on September 24, 201, and violating Article 24 (1) of the Road Traffic Act (the suspension of execution of sentence of KRW 5 million at the Seoul Western District Court on September 18, 2013) and Article 24 (1) of the Road Act at least once (the suspension of execution of sentence of imprisonment of KRW 2, 2013).

Although the Defendant violated the provision prohibiting driving of alcohol more than twice as above, on June 6, 2018, he again driven a BS-type car under the influence of alcohol content of about 0.079% in the section of about 10 meters from the other influenite in the return city of 0:11 to the front road of the return city of 10 meters from the other influenite to the return city of fluenite.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Records of judgment: Application of a reply to inquiry, text of judgment, and copy of summary order, 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 reason for sentencing under Article 62-2 of the Criminal Act for the crime of this case is that the defendant, who has had a record of driving under drinking not less than twice of alcohol, once again driving under the influence of alcohol, and the nature of the crime is not less than that of the crime;

In addition, the defendant is exposed to driving under drinking in April 201, is discovered by driving without a license or driving under drinking in June 201, and the defendant is found to have caused a traffic accident while driving without a license or driving under drinking in October 201.

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