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(영문) 창원지방법원 2018.05.24 2018고단778

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on May 27, 2013, committed a violation of the Road Traffic Act (drinking driving), is a person who violated the prohibition of drinking on two or more occasions by receiving a summary order of KRW 3 million, and a fine of KRW 3 million from the same court on August 5, 2014 by receiving a summary order of KRW 3 million due to the same crime, etc.

On March 29, 2018, at around 21:50, the Defendant driven a b map car under the influence of alcohol concentration of about 0.196% from around 20 meters to around 50 meters to around 21:0, 1.00 to around 1:7, 201.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous confirmation), and application of summary order 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. The reason for sentencing under Article 62-2(1) of the Criminal Act committed the instant crime even though the Defendant had been punished for the same offense several times, the Defendant committed the instant crime.

The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.

The defendant is a wife to support two married children.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the defendant's age, sex, environment, driving distance, drinking distance, and circumstances after the crime.