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(영문) 창원지방법원 통영지원 2018.04.26 2018고단219

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 7, 2007, the Defendant was notified of a fine of KRW 1 million for a crime of violating road traffic law in the Changwon District Court through the Changwon District Court. On November 11, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for the same crime in the same court. On November 15, 201, the Defendant was notified of a fine of KRW 3 million for the same crime in the same court.

[2] On January 16, 2018, at around 01:55, the Defendant driven a Cysta taxi under the influence of alcohol with approximately 3km alcohol concentration of 0.139% from the 3km section to the front road of the Cysta apartment site located in the ambag-dong, Sim-si, Simyoung-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place, the list of reported cases in 112, and the details of inquiries about management of the report on detection of the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order, despite the fact that the defendant had been sentenced three times to a fine for the same crime, again led to the instant crime, the circumstances leading to the driving of the vehicle, the distance and the degree of driving the vehicle, and the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by considering various conditions of sentencing as shown in the pleadings