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(영문) 수원지방법원 2018.05.01 2018고단739
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

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on November 24, 2010 (an order of a fine of two million won at the District Court on December 23, 2010), driving a motor vehicle under the influence of alcohol on March 12, 2016 (an order of a fine of 1.5 million won at the Seoul Western District Court on June 8, 2016), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On January 27, 2018, the Defendant written a written indictment around 23:35 on January 27, 2018, stating that the time of crime is “23:41, which is the time of measuring drinking,” but is recognized as “23:35, which is the time of control.”

From the front side of the water source home plus in Suwon-si transfer-dong, to the front road of the water source in Suwon-si transfer-dong, he driven B-ho vehicle while under the influence of alcohol concentration of about 0.169% in blood from approximately 200 meters to the water source viewing road in Suwon-si transfer-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order related to the suspect's drinking power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 Criminal Code of the Order to Attend Education is that the defendant, who had been able to drive under drinking two or more times, drives under drinking, and the nature of the crime is not less than 0.169%, and the amount of alcohol concentration in blood due to drinking of this case is not lower than 0.169%, and the defendant is not more than 2 years since he was punished for a fine due to being discovered by driving under drinking on March 2016, and it is possible to criticize him in that he committed the crime of this case.

However, the defendant recognized the crime of this case and himself.

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