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(영문) 창원지방법원 2018.09.06 2018고단1804

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

On September 10, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on August 26, 2016, a fine of KRW 3,00,000 as a crime of violating the Road Traffic Act, respectively.

On June 29, 2018, the Defendant driven BK car under the influence of alcohol content of 0.160% from the 50-meter section to the apartment road in the front of Jinwon-si, Jinwon-si, Jinwon-si, Jinwon-si, and 357 of the same Gu-ro in the same Gu-ro 357, and from the 50-meter section to the front of Jin-si apartment.

As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking 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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;

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 reduce the amount of punishment (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;