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(영문) 창원지방법원 통영지원 2018.10.31 2018고단932

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 8, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s territorial branch on November 8, 201, and a summary order of KRW 2,50,000 as a fine for the same crime in the same court on April 5, 2017.

[Criminal facts] On August 8, 2018, the Defendant driven BM5 vehicle under the influence of alcohol level of about 0.063% in a section of about 5m alcohol level from the 2nd Amke apartment parking lot located in the Gu-Si-Si-Si-si from the 2nd Amke apartment parking lot to the roads before the city-Si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

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. An order to attend a course under Article 62-2 of the Criminal Act;