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(영문) 창원지방법원 통영지원 2018.11.30 2018고단920

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

[criminal history] On November 20, 2008, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's branch on November 20, 2008, and on December 21, 2007, the Defendant violated the prohibition of drinking alcohol driving by being sentenced to a fine of two million won or more due to a crime of violating the Road Traffic Act (drinking driving) in the same court.

[2] On July 7, 2018, the Defendant driven CPoter-II cargo under the influence of alcohol concentration of about 0.072% in the area of about 200 meters from the front of the Busan Metropolitan City, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Yari-gun, Gyeong

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving, report on the results of regulating the driving of drinking, report on the circumstances of the driver who is placed in driving, and investigation report (report on the circumstances of the driver who

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (informating of summary orders with the past record of the same type

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 grounds for sentencing under Article 62-2 of the Criminal Act include three times the criminal records due to drinking alcohol driving. However, there are no criminal records exceeding fines, and the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results, etc. shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime.