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(영문) 창원지방법원 마산지원 2019.08.27 2019고단566

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 18, 2007, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspension of execution for a violation of the Road Traffic Act, at the Changwon District Court on March 14, 201, and sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on March 14, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on October 8, 2013.

On October 02, 2019, at around 03:48, the Defendant driven a DNA car while under the influence of alcohol content of about 0.121% in a section of about 3km from the 0.3km to the middle land-to-land highway 300.4km located in the roof of the Gyeonggi-si in the front of the convenience store located in Gyeonggi-si B. The Defendant driven a D-to-land car under the influence of alcohol content of about 0.121%.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Reporting on a violation of the Road Traffic Act;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind of suspect)-related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced, driven an expressway in a state of driving on a motor vehicle with blood alcohol content exceeding 0.1%, and the police, who was set up and set up a vehicle on the side of the road at the time, was dispatched to the police and was under the influence of driving the vehicle to the extent that the vehicle would be prone to an accident.

The defendant's three times of drinking driving (2007, 201, 2013), three times of driving without a license in 2005.