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(영문) 창원지방법원 2018.04.19 2018고단41
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 25, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court, and on April 9, 2012, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (dacting driving) at the Changwon District Court.

On December 24, 2017, the Defendant driven a car with the highest alcohol level of 0.220% in the blood alcohol level among the blood transfusion around 02:53, the Defendant driven a car with the highest alcohol level from around 70km to the front road of a lux household located in the opposite Dong in Jinju-si, Kimhae-si, while under the influence of alcohol level of 0.220%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, notification of the results of crackdown on drinking driving, and response to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the Defendant had been punished for the same kind of crime, the Defendant committed the instant crime under Article 62(1) of the Act on the Suspension of Execution, the Defendant committed the instant crime.

However, the defendant shows an attitude against his or her mistake while taking into account the circumstances of drinking driving.

The defendant is a wife that must support his or her aged child.

In addition, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, and circumstances after the crime, the punishment shall be determined as ordered.

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