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(영문) 창원지방법원 거창지원 2017.09.20 2017고단228

도로교통법위반(음주운전)

Text

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

On May 4, 2012, the Defendant is a person who has violated the provisions on prohibition of drinking under the Road Traffic Act two times or more by receiving a summary order of a fine of KRW 3 million in the Seoul Eastern District Court due to a violation of the Road Traffic Act ( drinking), and a fine of KRW 7 million in the same court on June 19, 2015.

On June 30, 2017, at around 21:49, the Defendant driven B Poter cargo while under the influence of alcohol leveling 0.246%, from the old day to the front road of the same Gun, in front of the old day, through the front road of the same Gun, the Defendant driven B Poter cargo in the state of alcohol leveling 0.246% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiries about the details of crackdown on drinking and the results of crackdown on drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (verification of criminal history of the same kind of crime);

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. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Reduction of Quantity (The circumstances favorable to the defendant, such as the fact that the defendant, who led to the confession of the crime, reflects his/her mistake while committing the crime, and the fact that he/she has a family member to support);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;