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(영문) 수원지방법원 평택지원 2019.06.05 2018고단2177
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On April 1, 2008, the Defendant was issued a summary order of a fine of three million won by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On July 27, 2018, the Defendant: (a) around 10:25 on July 27, 2018, the Defendant driven a CMF5 car owned by the Defendant under the influence of alcohol content of 0.174% at the 60km section from the 53.4km between the Seocheon-gu Highway in the west-si parking lot to the point of 53.4km between the Seocheon-gu Highway at the west-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si.

2. On July 27, 2018, the Defendant, at least twice, violated Article 44(1) of the Road Traffic Act, such as criminal records, as stated in paragraph (1), and once again drive a vehicle as stated in paragraph (1) in the section of about 70km from the 70km section to the point of 68.4km-si Busan Metropolitan City, Cheongdo-ro, Chungcheongnam-do-si, Cheongdo-do-si, Busan Metropolitan City on July 27, 2018.

3. On July 28, 2018: Around 07:51, the Defendant, as stated in the Criminal Power, Article 44(1) of the Road Traffic Act, was a person who violated at least twice the provisions of Article 44(1) of the Road Traffic Act, such as criminal records, Article 1 and Article 44(2) and driven a vehicle as stated in paragraph (1) in the direction of about 50 meters of blood alcohol content from the vicinity of Busan Metropolitan City to the front of the F Council in the same city E, around July 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on the market), Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on the market), and choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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