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(영문) 창원지방법원 2018.07.25 2018고단851
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

The Defendant, at the Changwon District Court on September 17, 2007, committed a violation of the Road Traffic Act (drinking driving), is a person who violated a summary order of a fine of one million won, such as receiving a summary order of a fine of one million won on August 8, 201 by the same court as a fine of 1.5 million won or more for the same crime.

On March 16, 2018, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.084% in the section of about 40km from the 178-22 meters away from the roads near the Gyeongnam-ro, Jin-si, Jin-si, Jin-si, 178-22, to the roads north of the Changwon-si, Changwon-si, North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), report on the situation of the driver under the influence of alcohol, and inquiry into

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the previous history), and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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, the Defendant, without being aware of the fact that he had been punished three times due to driving under drinking, committed the instant crime.

In the state of blood alcohol concentration of 0.084%, the expressway was operated near 40km so as to cause a large risk to the lives and safety of multiple people.

However, the Defendant recognized the instant crime and did not interfere with the same mistake.

There is no history of punishment exceeding the past fine.

In addition, the sentencing conditions, such as the defendant's age, sexual conduct, the contents and circumstances of the crime of this case, and the circumstances after the crime, shall be determined as per the order.

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