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(영문) 창원지방법원 2018.07.05 2018고단671

도로교통법위반(음주운전)

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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 March 22, 2010, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Changwon District Court Branch on August 13, 2014.

On March 17, 2018, around 21:30, the Defendant driven a B earth and car under the influence of alcohol content of approximately 0.097% in a section of about 50 meters from the front of a restaurant where it is impossible to know the trade name in the village of Jin-gu, Jin-si, Jin-si, Kim Young-si, Seoul, to the front of the office of Jin-Eup located in the same Ri.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the same clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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. References to inquiries, such as criminal history, investigation reports (Attachment to a copy of a summary order), and application of two-yearly Acts and subordinate statutes of the summary order;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for the same criminal records, is disadvantageous to the defendant.

However, in consideration of various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, criminal record, degree of drinking alcohol in this case, etc., the punishment as ordered shall be determined by taking into account the fact that the defendant made a confession, and the distance of drinking driving is very short.