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(영문) 창원지방법원 2019.08.21 2019고단1696
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On November 12, 2007, the Defendant issued a summary order of a fine of three million won at the Changwon District Court for a violation of the Road Traffic Act (driving) and on November 8, 2010, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on November 8, 201, and on July 21, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving). On September 22, 201, the Defendant was sentenced to imprisonment for six months at the same court on September 22, 201 and completed the execution of the sentence at the Changwon Prison prison on January 24, 201 and violated the provision on the prohibition of drinking driving at least twice.

【Criminal Facts】

On June 18, 2019, the Defendant, while under the influence of alcohol 0.09% on blood alcohol level, driven a f bargaining car within approximately 270 meters from the front side of the “C partybook” located in Kimhae-si B in Kimhae-si, to the E company distance located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: References to criminal records and investigation reports (verification of suspect driving records) and the application of statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, a sentence as ordered shall be determined by fully taking into account the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, such as the circumstances after the crime was committed.

Unfavorable circumstances: The harm of drinking driving and the defendant's punishment, including imprisonment, committed a second offense even though they had been punished (7 times of drinking driving, 2 times of driving without a license, and 1 time of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents).

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