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(영문) 수원지방법원 2018.04.24 2018고단33
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 driving a motor vehicle under the influence of alcohol on October 2, 2015 (the issuance of a summary order of KRW 1,500,000 on November 13, 2015, with a fine of KRW 1,500,000), driving a motor vehicle under the influence of alcohol on August 19, 2017 (the issuance of a summary order of KRW 5,00,000 at the Suwon Friwon method on October 11, 2017), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On December 22, 2017, the Defendant, while under the influence of alcohol content 0.197% in blood, driven CK3 car at the section of about 3 km from the road near the Yandong-gu Eup in the Yandong-gu in the Yandong-gu to the road in front of the 68-ro of the Yan-nam Eup in the Yandong-gu in the 196-ro of the Yannam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Suppression photographs;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and application of Acts and subordinate statutes in Part II of the summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act was committed on two or more occasions by the Defendant, who had the record of driving under drinking, and the nature of the crime is not less than 0.197% even though his/her driver’s license was revoked, and the amount of alcohol concentration in the blood due to drinking in this case is relatively higher than 0.197%. The Defendant is likely to be subject to criticism in that he/she committed the crime of this case in the same kind only for four months from that date without being aware of the fact that his/her driver’s license was revoked on August 19, 2017.

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