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(영문) 창원지방법원 진주지원 2019.05.29 2018고단259

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 May 12, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on May 12, 2008, and a summary order of KRW 2 million for the same crime in the same court on February 5, 2009.

On February 10, 2018, around 22:20, the Defendant driven a F Lasttop car in the state of alcohol alcohol concentration of about 0.112% at the section of about 2 km from the front of C in Jinju to the front of E in Jinju City.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less 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 statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The degree of alcohol content, driving distance, recognition of crimes and reflects on the reason of sentencing under Article 62-2 of the Criminal Act, and circumstances, etc. that have no penalty power for the last ten years;