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(영문) 수원지방법원 2018.10.23 2018고단4974
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant drives a motor vehicle under the influence of alcohol on August 10, 2006 (the issuance of a summary order of one million won at the Suwon District Court on September 14, 2006), drives a motor vehicle under the influence of alcohol on October 3, 2006 (the suspension of execution in December 21, 2006 at the House of Suwon District Court on December 21, 2006) and driving a motor vehicle under the influence of alcohol on November 28, 2012 (the issuance of a summary order of 1.5 million won at the Suwon District Court on December 12, 2012), and driving a motor vehicle under the influence of alcohol on August 13, 2015 (the issuance of a summary order of a fine of one million won at the House of Suwon District Court on August 29, 2015). The Defendant issued a summary order of at least 30 million won on the road under the influence of a fine of two hundred and five months on August 24, 2015).

On August 12, 2018, the Defendant driven a Cink vehicle with alcohol content of about 2km from the front day of the drinking house located in the Heung-gu, Young-gu, Young-si to the front day of the Matro-si, Gin-si, Young-si to the 682m-ro, Gin-si, Young-si, Gin-si, Gin-si, the Defendant driven a vehicle with alcohol content of about 0.177% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual conditions, on-site photographs of accidents, internal investigation reports (on-site conditions, etc.), and notification to the reporting department of 112 cases;

1. Statement on the circumstances of the driver who is to take the alcohol and records the measuring instruments for drinking, etc., and a statement of alcohol alcohol during blood;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity is that the defendant, who had a record of driving a drinking not less than twice, drives a second alcohol, and the nature of the crime is not less than that of the crime, but not only the high level of alcohol concentration due to the alcohol of this case, but also the defendant driving a second alcohol.

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