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(영문) 창원지방법원 통영지원 2018.03.28 2018고단55

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million by the Ulsan District Court on August 14, 2009 for a crime of violation of road traffic law (driving), and on October 7, 201, the same court issued a fine of KRW 3 million for the same crime.

[2] On January 10, 2018, the Defendant driven B k7 car under the influence of alcohol with approximately 100 meters alcohol concentration 0.080% from a section of 100 meters away from the road front of the land-heading in the ancient city, the Dog-si, the Seoul National Federation of Agricultural Cooperatives in the same Dong to the road in the same Dong.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking driving, was driving a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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;