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(영문) 수원지방법원 2019.02.12 2018고단7601
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On October 7, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Suwon District Court on the grounds of the violation of the Road Traffic Act, and completed the execution of the said sentence on February 16, 2017.

【Criminal Facts】

The Defendant drives a motor vehicle under the influence of alcohol on November 25, 2007 (the Seoul Eastern District Court sentenced to a fine of five million won at the Seoul Eastern District Court on January 31, 2008), drives a motorcycle under the influence of alcohol on August 30, 201 (the summary order issued at the Seoul Eastern District Court on September 24, 201). On April 14, 201, he/she drives a motor vehicle under the influence of alcohol (the summary order issued at the Daejeon District Court Branch Branch on July 8, 201). On July 13, 201, the Defendant is driving a motor vehicle under the influence of alcohol on July 13, 201 (the order issued at the Daejeon District Court Branch on July 26, 201 to a fine of one million won at the Suwon District Court on August 26, 2015), and driving a motor vehicle under the influence of Article 16(14).

On September 17, 2018, the Defendant stated in the indictment around 09:27, that “10 :10 : the time of the crime is “10 :0 :00 ,” but it is recognized as “09:27 , the time of receipt of the 112 report.”

The E SP car was driven in the state of drunk alcohol concentration of approximately 0.286% from the 50m section from the Baeung-gu B apartment parking lot to the above apartment D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, as a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records of dispositions, reporting on results of confirmation, current status of acceptance by individuals, judgment, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on the Crime and Article 148-2 (1) 1 of the Road Traffic Act, which select the punishment for the crime;

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