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(영문) 창원지방법원 통영지원 2019.01.30 2018고단1304
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 power] On July 30, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on July 30, 2007, and on March 29, 2010, issued a summary order of KRW 1.5 million for the same crime by the Changwon District Court.

【Criminal Facts】

On October 25, 2018, at around 00:33, the Defendant driven a F typ car in the state of alcohol 0.163% alcohol concentration from the cafeteria located in Tong-si B to the front road of “E” located in Tong-si D.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a history of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a manual for control);

1. Report on the state and circumstantial statements, investigation report (report on the state of a drinking driver) and notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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