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(영문) 창원지방법원 통영지원 2019.03.07 2018고단900
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On March 7, 2016, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on March 7, 2016, and on November 2, 2012, the Defendant received a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on November 2, 2012 and received a summary order of KRW 3.5 million for a crime

【Criminal Facts】

At around 00:30 on July 25, 2018, the Defendant again violated the foregoing provision on the prohibition of drunk driving more than twice, but was under influence of 0.063% of blood alcohol concentration at a 0.063%, the Defendant driven the E 3km from the 3km section to the Djuri Road located in C at a macro-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and order to attend a meeting under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of various conditions of sentencing as shown in pleadings, such as the defendant's criminal records, driving circumstances, driving distance, driving level, and the age, character and conduct, environment, motive of the crime and circumstances after the crime;

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