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(영문) 창원지방법원 거창지원 2018.11.28 2018고단260
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 4, 2018, the Defendant driven a B Hyundai 5 tons truck at approximately 1.5 kilometers from the front road to the front road of the Dong-dong village located in 199-8, 199-8, in a state of alcohol alcohol concentration of 0.182% among blood transfusion around 16:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident occurrence report, Chapter Two on-site photographs, the statement of the situation of the driver in charge, the investigation report, the notification of the results of crackdown on the driving of drinking, the investigation report (verification of the section and distance between driving) and the next-time inquiry report;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including protection and observation, community service, and order to attend a lecture: The defendant, on July 5, 2004 and August 4, 2016, was punished on two occasions by a fine of KRW 1.5 million due to drinking driving, and a fine of KRW 4 million due to a two-time summary order on August 4, 2016, once again, drive under the influence of drinking again, and the more favorable sentencing factors that have occurred due to driving under the influence of drinking: The defendant's mistake against himself/herself, and the defendant has no criminal record of suspended sentence or more: The defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are comprehensive.

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