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(영문) 수원지방법원 2018.10.04 2018고단4372
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On July 4, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Suwon Friwon, and completed the execution of the sentence on December 31, 2017.

[2] The Defendant is driving a motor vehicle under the influence of alcohol on April 21, 2007 (the issuance of a summary order of KRW 2 million at the Suwon Flag Flag Flag on July 2007), driving a motor vehicle under the influence of alcohol on May 29, 2007 (the issuance of a summary order of KRW 2.5 million at the Suwon Flag Flag Flag Flag on September 14, 2007), driving a motor vehicle under the influence of alcohol on April 5, 2012 (the issuance of a summary order of KRW 5 million at the Suwon Flag Flag on May 30, 2012), driving a motor vehicle under the influence of alcohol on January 29, 2015, and driving a motor vehicle under the influence of alcohol on March 19, 2015, and driving a motor vehicle under the influence of Article 10 (14) of the Act on January 14, 2017).

On July 7, 2018, the Defendant driven BM3 motor vehicles under the influence of alcohol content of 0.060% while under the influence of alcohol content of 0.060% at a distance of about 50 meters from the pre-road of the same folk village to the front road of the central church in Yong-si, Young-si, the Handong-si, the U.S. 23:30 on July 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. The circumstantial report on the driver's statement and the result of drinking alcohol measurement;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (a copy of the same military record judgment of the suspect, a summary order attached thereto) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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