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(영문) 수원지방법원 여주지원 2018.06.11 2018고단392
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 26, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the main branch of the Chuncheon District Court on September 26, 2006; on June 23, 2009, the Incheon District Court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving); and on September 9, 2015, the Defendant had a record of being sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the subsidiary branch of the Incheon District Court on September 9, 2015.

[Criminal facts]

1. On February 1, 2018, the Defendant, while under the influence of alcohol concentration of 0.225% at D Mart parking lots located in Gyeonggi Pyeong-gun, Gyeonggi-si, the Defendant driven a driver car for a gallon by driving a gallon in a way of driving a gallon by again driving a driver car for the same gallon in a way of driving a driver car for the same gallon in the future by driving a driver car for the same gallon in a way of driving a driver car for the same gallon in a way of driving a driver car for the same gallon in the future.

2. On February 2, 2018, the Defendant driven Hunst Motor Vehicle while under the influence of alcohol content of about 0.112% in a section of approximately 50m of the front road of the Gyeonggi Pyeong-gun G at approximately 10:07.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written Statement;

1. Police seizure records;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement report on the situation of the driver at each driving school and investigation report thereon (the situation of the driver at each driving school);

1. Notification of the results of regulating driving of alcohol;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act (the point of driving each alcohol), and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a large number of criminal records and a large number of criminal records, which have been punished due to drinking driving.

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