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(영문) 수원지방법원 2018.10.11 2018고단4690
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 August 20, 208 (the issuance of a summary order of KRW 1,500,000 at the Suwon Friwon on November 21, 2008), driving a motor vehicle under the influence of alcohol on February 7, 2014 (the issuance of a summary order of KRW 4 million at the Suwon Friwon on March 4, 2014), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On August 11, 2018, the Defendant driven a Cwing-III cargo vehicle from around 600 meters to around 60:60,000, from the 19:45 blood alcohol concentration to around 0.221% of the 0.221% of the alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A yellow survey report, on-site photograph of an accident, and an accident video CD;

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 an inquiry letter, such as criminal history, and an investigation report ( twice the drinking driving force);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who had been able to drive under drinking not less than twice, drives under the influence of alcohol, and the nature of the crime is not less than that of the crime, but it is very high in the blood concentration due to drinking of this case.

On the other hand, although the defendant voluntarily surrenders, it seems that the driver's driving of the driver's breath is discovered due to the occurrence of traffic accidents.

However, there are various circumstances such as the defendant's recognition of the crime of this case and his mistake, the defendant has no record of being sentenced to a punishment heavier than a suspended sentence until now, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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