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(영문) 창원지방법원 마산지원 2018.10.31 2018고단741
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 9, 2015, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1,500,000 due to a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 1,50,000 with a fine of KRW 1,50,000 with a penalty of violating the Road Traffic Act at the Changwon District Court on February 16, 2016.

On June 12, 2018, at around 12:45, the Defendant driven B, while under the influence of alcohol content of about 0.187% in the section of approximately 300 meters from the 300-meter radius to the friendly Schlage located in the 4:10-dong, Changwon-si, Masan-si, Masan-si, Masan-si.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime again despite the fact that the Defendant had been punished for driving alcohol. In addition, the Defendant reflects the nature of the Defendant, the Defendant’s age, occupation, family relationship, and criminal records, such as the disposition, shall be determined by taking into account the drinking volume, the Defendant’s age, occupation, family relation, and the criminal records

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