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(영문) 창원지방법원 통영지원 2018.04.20 2018고단60

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 June 24, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on June 24, 201, and was sentenced to a fine of KRW 5 million for the same crime in the same court on February 6, 2013.

[2] On December 16, 2017, the Defendant: (a) under the influence of alcohol content of 0.079% in blood at around 22:05, the Defendant: (b) 1883-2, in the center of macro-si, at the center of macro-si; (c) 2/19, in the city-based odic acid at the end of the current comprehensive market; (d) 19, in the direction of the first apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

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

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 suspension of execution (the fact that the accused has no criminal record exceeding the fine, etc. shall be taken into account);

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