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(영문) 창원지방법원 진주지원 2018.04.04 2018고단39
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on May 13, 201, and on December 30, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jin branch.

On January 9, 2018, while under the influence of alcohol leveling to 0.110% from blood alcohol leveling around 00:40, the Defendant driven a C Belgium car from the front side of the Samcheon-si “Sacheon-si Pocheon-si” located in Sacheon-si to the tower front road located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (referring to the same criminal records and reports);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant was under the influence of alcohol by 0.145% in blood on March 13, 2016; and (b) was punished as a fine by driving under the influence of alcohol with a maximum of 0.171% in blood on October 17, 2016; (c) on January 9, 2018, when approximately one year and three months elapsed thereafter, the Defendant committed the instant crime again on January 9, 2018; and (d) caused a traffic accident in which the central separation was received independently.

Of the blood of this case, the high alcohol concentration is also high.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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