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(영문) 수원지방법원 2018.10.04 2018고단4067
도로교통법위반(음주운전)
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 December 4, 2009 (the issuance of a summary order of KRW 1 million at the Suwon Flag Flag on April 2, 2010), driven a motor vehicle under the influence of alcohol on April 6, 2010 (the issuance of a summary order of KRW 2.5 million at the Suwon District Court on July 23, 2010), driven a motor vehicle under the influence of alcohol on February 22, 2013 (the issuance of a summary order of KRW 5 million at the Suwon Flag Flag on May 8, 2013), and violates Article 4(1)4 of the Road Traffic Act at least once, while driving a motor vehicle under the influence of alcohol on July 30, 2013 (the suspension of execution of imprisonment of KRW 2,80,00).

On July 8, 2018, the Defendant driven a DNA car under the influence of alcohol leveling 0.213% from the 1.5km section to the front road located in Suwon-si, Suwon-si, which was inciting the right line of Suwon-si, to the roads adjacent to the Suwon Olympic Park.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a primary driver;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of crackdown on drinking driving, and appraisal report on alcohol during blood;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and the statutes attached to the 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 the Mitigation of Small Quantity Mitigation is that the defendant, who has been able to drive a second alcohol not less than twice, drives a second alcohol, not less than that of the crime, and the nature of the crime is very high in the blood concentration due to alcohol in this case.

In addition, the Defendant was punished five times by a fine on August 2004 due to being discovered by driving of alcohol in 2004, driving without a license in 2004, driving of drinking in December 2009, driving of drinking in April 2010, driving of drinking in February 2010, and driving of drinking in February 2013, and was discovered as being subject to a license without a license or a driving without a license in July 2013.

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