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(영문) 창원지방법원 2019.04.26 2019고단680
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 28, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on November 22, 2010, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

On March 2, 2019, at around 23:55, the Defendant driven Crocketing car with approximately 100 meters alcohol concentration 0.222% under the influence of alcohol from the 100-meter section from the G apartment parking lot to the side of B apartment.

As a result, the defendant was a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Consent to blood collection, written confirmation, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of statutes, such as criminal records and summary orders;

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 8 years have elapsed since the defendant recognized all of the crimes in this case, the fact that the crime in this case was committed in multiple ways, the fact that the crime in this case was not committed, and that the punishment for the last

1. Article 62 (1) of the Criminal Act (Discretionary of Reasons for Discretionary Mitigation);

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

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