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(영문) 창원지방법원 통영지원 2018.04.05 2018고단122
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

On June 30, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), on September 29, 2009, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on the same support on December 4, 2009, a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) was issued.

Even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 27, 2018, the Defendant driven a 3 Abred-pured vehicle under the influence of alcohol content of about 0.187% at the section of about 2km prior to the access road of the Tong Young-gu Seoul Hospital from the Do in front of the terminal which is located in the luminous comprehensive bus death drawing at the time of through-house around 23:00 on January 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. 112 Reporting case handling table;

1. Details of inquiries about management of reports on detection of primary actions;

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 type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 include the following facts: (a) the Defendant was sentenced three times to a fine due to a violation of the Road Traffic Act (driving of alcohol), and again, the Defendant committed the instant crime; (b) the degree of driving at the time of driving; (c) the distance of driving; (d) the time of committing a crime; and (e) the Defendant’s age, sexual conduct, environment; (e) the motive and circumstance of the crime; and (e) the circumstances after committing a crime, etc., the punishment as ordered shall be determined by taking into account the various conditions for sentencing prescribed in Article

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