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(영문) 창원지방법원 통영지원 2018.08.09 2018고단546
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 1 million for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on October 19, 2007, and the Defendant was issued a summary order of KRW 2 million for the same crime in the same court on September 7, 2010.

[2] On March 14, 2018, the Defendant driven a Category C e-sports cargo vehicle at approximately 150 meters from the 150-meter section to the entrance of the original gel village in light of the e-mail, the e-mail content of which is 0.157% under the influence of alcohol during blood at around 22:40.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the result of crackdown on driving drinking;

1. The actual investigation report on traffic accidents;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (Attachment to drinking driving records);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 Criminal Act include the defendant's records of the same crime, the circumstances leading to driving of the drinking of this case, the degree and distance of driving, the defendant's age, sexual conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., and the punishment as ordered shall be determined in consideration of various conditions of sentencing as shown in pleadings.

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