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(영문) 수원지방법원 2018.11.22 2018고단5799
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 29, 2006 (the issuance of a summary order of KRW 1,500,000,000,000,000,000 at Sungnam support on July 31, 2006), driving a motor vehicle under the influence of alcohol on December 15, 2007 (the exemption of punishment at the Suwon Flag method Board on March 2, 2010), driving a motor vehicle under the influence of alcohol on December 30, 207 (the issuance of a summary order of KRW 5,00,00,000,000,000), driving a motor vehicle under the influence of alcohol on April 21, 2008, and violating Article 4(1) and (4) of the Road Traffic Act at least six months in imprisonment with prison labor on July 23, 2009), and Article 4(1) of the Road Act.

On September 11, 2018, the Defendant driven a DNA cargo vehicle with alcohol content of about 0.129% while under the influence of alcohol at approximately five meters in the cosmetic parking lot near the Gambn-si Gamn-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a survey report, and an accident scene photograph;

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: A reply to inquiry, such as criminal history, copy of each summary order, and application of each statute of 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. 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 of Article 62-2 of the Criminal Act for providing community service and attending lectures is that the defendant, who has had a record of driving a drinking not less than twice, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not only the amount of alcohol concentration due to the drinking of this case, but also the defendant was in a drunken state at the time of the crime of this case to the extent that the defendant gets aboard and driving a motor vehicle of this case, and the defendant has already been aware of the history of having been sentenced to imprisonment with prison labor due to driving of drinking.

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