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(영문) 창원지방법원 통영지원 2020.05.12 2019고단1314
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 12, 2007, the defendant was sentenced to a fine of 1.2 million won for the crime of violation of the Road Traffic Act at the general military court of the Korea Navy on July 12, 2007, a fine of 5 million won for the same crime at the general military court of the Korea Navy headquarters on March 3, 2016, and a suspended sentence of 6 months for the same crime at the Changwon District Court on July 25, 201.

On October 9, 2019, at around 22:05, the Defendant driven a F Costaex driver while under the influence of approximately 300 meters alcohol concentration of approximately 0.127% from the 300-meter section to the front of the E-cafeteria located in the same city D from the road in Tong-si B.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous conviction: Application of Acts and subordinate statutes of investigation report (verification of sound driving records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, which is a circumstance unfavorable to the defendant for sentencing, the defendant's records of identical criminal conduct and the details of the punishment, the numerical value of drinking driving in this case, and the defendant's mistake is against himself/herself, and the punishment as ordered shall be determined by taking into account all the circumstances such as the distance

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