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(영문) 수원지방법원 2019.01.22 2018고단5920
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant driving a motor vehicle under the influence of alcohol on August 22, 2008 (the issuance of a summary order of KRW 2 million at the Sungnam Branch of Suwon District Court on October 8, 2008), driving a motor vehicle under the influence of alcohol on May 26, 2013 (the issuance of a summary order of KRW 2 million at the Sungnam Branch of Suwon District Court on June 20, 2013), driving a motor vehicle under the influence of alcohol on December 31, 2014 (the issuance of a summary order of KRW 6 million at the Sungnam Branch of Suwon District Court on April 27, 2015), and Article 44 (1) of the Road Traffic Act at least twice.

On October 4, 2018, at around 22:55, the Defendant driven a D’s special work vehicle with a blood alcohol concentration of about 0.059% in a section of about 100 meters from the point of 100 meters to the front road located in Seoyang-gu, Namyang-gu, Namyang-gu, Yangyang-si, Yangyang-si, the Republic of Korea:3:00 the same day.

Accordingly, the Defendant, who violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a person in violation of the Road Traffic Act;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of an inquiry inquiry report and investigation report (power on punishment for running a sound driving) statute, such as criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who has had a record of driving under the influence of alcohol not less than twice, is driving under the influence of alcohol again, not less than that of the crime, and that the defendant repeats driving under the influence of alcohol even though he/she has been engaged in driving under the influence of towing vehicles, so there

However, the defendant.

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