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(영문) 창원지방법원 통영지원 2018.08.22 2018고단660
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] The defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law (drinking) at the Changwon District Court's branch around December 27, 2007. On December 22, 2009, the same court was issued a summary order of KRW 2 million as the same crime in the same court around December 22, 2009. On July 7, 2010, the same court was sentenced to a suspended sentence of KRW 6 months for the same crime.

[2] On May 3, 2018, at around 16:45, the Defendant driven a B rocketing car with alcohol content of about 1 Km from around 1 Km section to the front road of the water supply and drainage facility located in the same Eup/Myeon from the day before the restaurant to the day before the water supply and drainage facility located in the same Eup/Myeon.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (the report on the circumstances of the driver of drinking alcohol) and the report on the situation of the driver of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to confirmation of suspicion of driving alcohol at least twice a suspect, confirmation of the same kind of suspect records as the suspect), and other relevant statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order and the order to attend a lecture are as follows: (a) the Defendant committed a crime of drinking alcohol on four occasions and was punished by a fine and imprisonment for a suspended sentence; (b) the blood alcohol concentration is relatively high; and (c) the Defendant’s age, sex, environment, motive and background of the crime, circumstances after the crime, etc. are comprehensively considered, and the punishment is determined as ordered by the order.

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