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(영문) 창원지방법원 2018.09.07 2018고단1847

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On December 6, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law (driving), and a fine of three million won for a violation of road traffic law at the Busan District Court on October 20, 2008. On January 18, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (driving) at the Busan District Court's Busan District Court's District Court's Busan District Court's Busan District Court's District Court's imprisonment with prison labor for a violation of road traffic law (driving), and on August 21, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (driving).

[Criminal facts] On June 11, 2018, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 50 meters alcohol concentration of 0.110% from a 50-meter section of alcohol from the front of the public parking lot in the Yongwon-dong, Jinwon-si, Jinwon-si, Jinwon-si to the front of the 2nd post office.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver at the main place of business and a survey report on actual conditions;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (a copy of the same case judgment attached thereto);

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 of Article 62-2 of the Criminal Act on the observation of protection and the order to attend a lecture has been that the Defendant committed a second offense without being aware of a total of four times of punishment, including a prison term of imprisonment, due to drinking driving.

The degree of alcohol is not less weak, and the actual accident was caused by its influence.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

Accidents are shocked by vehicles parked on the roadside.