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(영문) 창원지방법원 통영지원 2019.05.30 2019고단211

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 15, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on February 15, 201, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch support on February 2, 2017.

【Criminal Facts】

On March 3, 2019, the Defendant, as a person who violated the provision on the prohibition of drunk driving twice or more, driven a motor vehicle in the E Tti-gu under the influence of alcohol at approximately 0.152% of blood alcohol concentration from the road in front of the macro-si D apartment, around 700 meters from the road in front of the macro-si, the Defendant driven a motor vehicle in the Eti-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice 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;

1. Probation, orders to provide community service and attend lectures, the reasons for sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant's like crime, driving background, driving distance, driving distance, the degree of the principal offender, the time of committing a crime, and the accused's age, character and behavior, environment, motive of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by the same order, taking into consideration various conditions of sentencing under