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(영문) 창원지방법원 마산지원 2019.06.11 2019고단338
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

On November 16, 2009, the Defendant received a summary order of KRW 5 million from the Changwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 4 May 2016, respectively.

Although the Defendant had been punished twice or more due to drinking driving, on March 26, 2019, while under the influence of alcohol 0.063% of the blood alcohol concentration on the roads adjacent to the marctal bridge located in the Chang-si, Changwon-si, Changwon-si, and the roads adjacent to the marctal bridge located in the same Simsan-si B until the roads prior to the cridge in the same Simnsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the results of the drinking driving control;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (verification of records of relocation of a suspect and confirmation of the same record) shall apply to statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment with prison labor for the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, is driving a vehicle including the punishment of a fine twice due to drunk driving, as seen earlier.

It has been punished six times only for traffic-related crimes, such as causing traffic accidents and escape.

However, the defendant reflects on the crime.

All of the aforementioned crimes and the instant crimes are merely a degree of exceeding 0.05% of blood alcohol concentration.

There is no criminal defendant who has been sentenced to punishment.

Other records and arguments, such as the age, character and conduct, environment, motive, means and results of the crime, and the circumstances after the crime.

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