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(영문) 수원지방법원 2018.09.18 2018고단4323
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 is a person who driven a motor vehicle under the influence of alcohol on July 7, 2007 (the issuance of a summary order of KRW 1 million at the Suwon Flag method on August 31, 2007), driven a motor vehicle under the influence of alcohol on August 31, 2007 (the issuance of a summary order of KRW 3 million at the Suwon Flag method Board on October 26, 2007), driven a motor vehicle under the influence of alcohol on September 29, 2016 (the issuance of a summary order of KRW 7 million from the Suwon Flag method on November 23, 2016), and violated Article 44 (1) of the Road Traffic Act at least twice.

On July 24, 2018, the Defendant driven B K7 car under the influence of alcohol content of about 0.152% in blood from approximately 50 meters to the front road of “Emons household” located in the sphere of Suwon-si, Suwon-si, without obtaining a driver’s license for a vehicle at KRW 00:00,00.

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 an inquiry letter, such as criminal history, and an investigation report (Attachment to suspect drinking power);

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Act has the career of driving alcohol at least twice, and on November 19, 2016, the Defendant whose driver’s license was revoked due to driving under drinking was revoked, and the quality of the crime is not exceptionally applied.

However, there is no record that the defendant recognized the crime of this case and divided his mistake, and that the defendant has been punished for the suspension of execution or more.

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