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(영문) 창원지방법원 2019.01.10 2018고단3057
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 16, 2014, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the same court on May 3, 2018, respectively.

On October 29, 2018, the Defendant driven a DNA-learning car under the influence of alcohol content of 0.151% from the 200m section from the 23:25 Changwon-si Btel parking lot to the c-park.

As a result, the defendant violated the prohibition of drunk driving at least twice, and once again drives a car while under influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Response to the request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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