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(영문) 창원지방법원 통영지원 2020.01.09 2018고단866

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 8, 2017, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch on March 8, 2017, and on April 8, 2008, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 50,000 as a crime of violation of the Road Traffic Act. The Defendant has three same kinds of power.

【Criminal Facts】

On June 24, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven an Eysta car at a section of about 500 meters from the road located in C in C while under the influence of alcohol at a 0.107% under the influence of alcohol level on June 24, 2018 to the front road of D apartment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the enemy;

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the same kind of power and verification of the facts during the suspension of execution) and statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the punishment as ordered shall be determined in consideration of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the criminal history, driving background, driving distance, driving distance, the degree of driving of the defendant on the grounds of sentencing of imprisonment for a reason for sentencing; the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime.