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(영문) 수원지방법원 2018.12.11 2018고단5276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on February 13, 2013 (the issuance of a summary order of a fine of four million won at the Suwon Flag method on March 7, 2013), driven a motor vehicle under the influence of alcohol on March 5, 2015 (the issuance of a summary order of a fine of six million won at the Suwon Flag method Board on April 22, 2015), driven a motor vehicle under the influence of alcohol on August 10, 2016 (the suspension of the execution of two years at the Suwon Flag method Board on September 19, 2017), and Article 44 (1) of the Road Traffic Act at least twice.

On September 6, 2018, the Defendant had been punished twice or more due to drinking alcohol driving at around 03:35, but without obtaining a driver’s license. From the front of the C Station in Osan-si B to the front distance in Osan-si D, the Defendant driven a f-hurd car with alcohol content of about 0.193% under the influence of alcohol content from around 1km to the front distance in Osan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person, such as a violation of traffic laws on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Records of judgment: Application of each of the first-class Acts and subordinate statutes to inquiries, such as criminal history, written judgments, and summary information of each case;

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. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity, was committed on two or more occasions, and the defendant, whose driver's license was revoked on September 26, 2016 due to driving of drinking, is not less than the nature of the crime, but more than the degree of alcohol concentration is very high, and the defendant's witness of driving mode was reported 112 due to drinking. In light of the fact that the crime of this case was committed on September 26, 2016.

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