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(영문) 창원지방법원 2018.10.26 2018고단2101

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 December 15, 2008, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (drinking), and on January 25, 2016, a fine of KRW 1 million as a crime of violating the Road Traffic Act (drinking).

[2] On July 10, 2018, the Defendant driven Dsch Rexroth car under the influence of alcohol content of about 0.173% from the blood alcohol level at approximately 1 kilometer to the roads in front of the original branch office of KT Changwon, around 22:40, at the center of Sungwon-si, 104 and 49 in south-ro of the same Gu from the underground parking lot of the building to the roads in front of the same Gu.

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. 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. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the previous convictions in the same offense);

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 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

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

It has not come to the actual accident, and driving distance is also driving.

The preceding previous conviction was sentenced to a fine of total amount, and it was only one of the past five years. There has been no criminal conviction nor more than one year of suspended execution.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.