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(영문) 창원지방법원 마산지원 2018.06.19 2018고단400

도로교통법위반(음주운전)

Text

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

Reasons

Criminal facts

On July 26, 2007, the Defendant was sentenced to a suspended sentence of 4 months due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving without a license) at the Changwon District Court on April 26, 2007. On May 1, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (dacting driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (dacting Driving) at the Changwon District Court on November 14, 2014, and issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (dacting driving without a license) at the Changwon District Court on November 14, 2014.

On March 19, 2018, the Defendant driven B Poter truck under the influence of alcohol content of about 0.090% in a section of about 500 meters from the front of a white-luminous restaurant in vertegro to the front road of a building located in 784-9 in the same area, at around 22:25 on March 19, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities is that the accused has been punished for a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, on several occasions.

Among them, the defendant, in 2007, committed a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) at the same time, and is sentenced to a fine for more than four months, but has been sentenced to a suspended sentence for more than two years, and is under the influence of alcohol in 2014.