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수원지방법원 2018.11.27 2018고단5209
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

[criminal history] On November 3, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag on November 3, 201, and on August 6, 2015, the same court issued a summary order of KRW 3 million for the same crime at least twice.

[Criminal facts] On August 18, 2018, the Defendant driven B Spo-type car under the influence of alcohol concentration of about 0.102% from the 14th Do in front of the apartment complex of about 189, a 189-ro, from the Do in front of the apartment site to the 39th Do in front of the same Gu, at approximately 850 meters long.

Summary of Evidence

1. Statement by the defendant in court;

1. Each notification of the results of regulating the driving of alcohol, and a written appraisal of alcohol during blood transfusion;

1. Previous convictions in 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 legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), the fact that the criminal defendant committed the crime in this case does not cause human and material damage

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;