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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1156
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On July 3, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) in support of Sungnam branch of Suwon branch on July 3, 2014, and on December 29, 2015, the same court issued a summary order of KRW 2 million as a fine for the same crime.

[2018 Highest 1156] On May 6, 2018, the Defendant driven D 2 cargo vehicles while under the influence of alcohol content of about 0.154% in the 5km section from the front of the “C” restaurant located in the Hannam-si B of Gyeonggi-do to the front day of the early 333km of the same city.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven the above cargo while under the influence of alcohol.

[2018 Highest 1609] On June 2, 2018, the Defendant driven D truck under the influence of alcohol of about 0.201% of alcohol concentration between the cafeteria and the G surrounding road, “F” located in Songpa-gu Seoul Metropolitan Government, around 17:40 on June 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. A report on the detection of a driver working at the main place, a report on the circumstances of the driver working at the main place and a report on the circumstances of the driver;

1. A previous conviction in its ruling (2018 Highest 1156): A written reply to inquiries, such as criminal history, investigation report (Attachment of a summary order), summary order 2006 Highest 2014 Highest Manam branch of Suwon District Court, - A summary order - A summary order 3144 Highest Manam branch of Suwon District Court 2015 Highest 2015 Highest Manam branch of Suwon District Court

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service reflects the defendant's wrongness, the defendant's records of the same crime, and the alcohol concentration in the blood of this case are included in the arguments.

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