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(영문) 창원지방법원 2018.09.06 2018고단1639
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2010, the Defendant issued a fine of KRW 500,000 to the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2,50,000 to the same court on April 18, 201 as a crime of violating the Road Traffic Act (drinking driving).

On May 28, 2018, the Defendant driven a Clearning car at a section of about 10km from the front road of Changwon-si to the same shock road of about 356 meters from the front road of the Gu, in a state of alcohol content of 0.128% during blood transfusion around 00:20.

As a result, the Defendant had driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions on each disposition, and application of Acts and subordinate statutes of one summary order;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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 reason for sentencing under Article 62-2 of the Criminal Act was that the defendant had been punished several times due to drinking, but again he/she again went to drive the drinking of this case.

However, in consideration of various circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, circumstances leading to the crime, and the circumstances after the crime, the punishment as ordered shall be determined, taking into account the fact that the crime was committed, and reflects, family and economic difficulties, and other circumstances that form the conditions for sentencing.

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