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(영문) 수원지방법원 2018.11.22 2018고단5839
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 is a person who driven a motor vehicle under the influence of alcohol on August 6, 201 (the issuance of a summary order of KRW 2.5 million at the Suwon Flag method on August 25, 201), who driven a motor vehicle under the influence of alcohol on July 28, 2013 (the issuance of a summary order of KRW 2 million at the Suwon Flag method on August 20, 201), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On August 31, 2018, the Defendant driven a BSFCC 2.0 TDI car on the 3km section of approximately 0.129% alcohol level from the front side of the building for the commercial building for the commercial use of up to 00:20 on the same day from sunrise to the front side of the Gigu Gidong church located in the 62th day of the same day, not later than sunrise, on August 31, 2018.

Accordingly, the Defendant, who violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, and a report on detection of violation of road traffic Acts;

1. Ma2 Vehicle Accident Videos;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (power to punish drinking drivers);

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 Social Service Order Criminal Act is that the defendant, who has had a record of driving under drinking not less than twice, drives under the influence of alcohol, not less than that of the crime, but less than that of alcohol concentration due to the alcohol in this case;

However, the fact that the defendant recognized the crime of this case and divided his mistake, the defendant has no record of punishment for the suspension of execution or heavier until now, and the age and age of the defendant.

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