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(영문) 창원지방법원 통영지원 2018.06.14 2018고단444
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On December 6, 201, the Defendant violated a summary order of KRW 3 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of road traffic laws in the Changwon District Court’s Tong-gu Branch of the Changwon District Court on February 21, 2007.

[Criminal facts] On April 8, 2018, the Defendant driven C Poter Cargo at approximately 2 km from the front of a mutually influorous restaurant located in the ancient-dong at the time of Scam on April 8, 2018 to the front of the apartment site, and driven C Poter Cargo at about 0.142% of alcohol level among blood alcohol level from the section of about 2 km from the front of the Scam-si apartment to the front of the apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Report on the circumstances of driving under the liquor:

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

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 fact that the defendant was punished by a fine on three occasions for the same offense, the circumstances leading to driving under drinking, the degree of his/her driving, his/her age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, etc., and the punishment as ordered shall be determined by taking into account the various conditions of sentencing as shown in the pleadings.

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