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(영문) 창원지방법원 통영지원 2018.07.18 2018고단607

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

[criminal history] The Defendant is a person with three same kinds of crimes, including a fine of 4 million won for a violation of road traffic laws (drinking) at the Changwon District Court’s branch on May 6, 201, and a fine of 2.5 million won for a violation of road traffic laws (drinking) at the Changwon District Court’s branch branch on May 2, 2011.

[ 범죄사실] 피고인은 2018. 5. 3. 22:05 경 통영시 광도면 죽림 해안로 150에 있는 등뼈 음식점 앞 도로에서부터 같은 면 신 죽 2길 112에 있는 주영 더 팰리스 4차 앞 도로에 이르기까지 혈 중 알콜 농도 0.081% 의 술에 취한 상태에서 B BMW 530d xDrive 승용차를 운전하였다.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol by a person who has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of drinking, notification of the results of crackdown on driving of drinking, report on the circumstances of the driver of drinking, investigation report (report on the circumstances of the driver of drinking), and investigation report;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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