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(영문) 창원지방법원 2018.08.22 2018고단1474

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on April 2, 2012, a fine of KRW 3 million from the Changwon District Court to a violation of the Road Traffic Act (drinking driving).

On June 12, 2018, at around 00:34, the Defendant driven the Category B car while under the influence of alcohol content of approximately 0.162% from the 4km section up to the road front of the hotel in front of the Republic of Korea, Quaker, Quaker, who is in the father-dong in Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate 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 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, without being aware of the fact that he had been punished three times due to driving under drinking, committed the instant crime.

In blood, alcohol concentration (0.162%) was considerably high.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

A defendant has no record of punishment exceeding a fine for the same crime.

In addition, the punishment shall be determined as per the order by comprehensively taking into account various sentencing conditions, such as the defendant's age, sexual conduct, background of the crime in this case, and circumstances after the crime.