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(영문) 수원지방법원 2018.09.18 2018고단4212
도로교통법위반(음주운전)등
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

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on November 10, 208 (the issuance of a summary order of KRW 1 million at the Suwon Flag Flag on April 3, 2009), driven a motor vehicle under the influence of alcohol on October 1, 2010 (the issuance of a summary order of KRW 2.5 million at the Suwon Flag Flag on November 12, 2010), driven a motor vehicle under the influence of alcohol on April 23, 2018 (the filing of a prosecution by the Suwon Flag Flag on May 24, 2018), and violates Article 44 (1) of the Road Traffic Act at least twice.

On June 24, 2018, at around 10:24, the Defendant driven a DNA low-water vehicle under the influence of alcohol leveling 0.056% while under the influence of alcohol leveling without obtaining a driver’s license from around the Defendant’s residential road located in Young-si, Suwon-si, Suwon-si, to about 1km-si, Suwon-si, Suwon-si, to around 27:56.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Statement of the circumstances of the driver at the main driver, report on the detection of the driver at the main driver, and record of measurements;

1. The driver's license ledger;

1. Records of judgment: Application of the attached Acts and subordinate statutes, such as a reply to inquiry, a summary order, and a written indictment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act has the history of driving alcohol more than twice, and on June 9, 2018, the Defendant, whose driver’s license was revoked due to drinking driving on the same day, is not easy to commit such crime. The Defendant, while driving alcohol in this case, caused a traffic accident resulting from a diving while causing physical damage.

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