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(영문) 창원지방법원 통영지원 2018.07.18 2018고단586
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 1, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of road traffic law (driving) at the Jung-gu District Court on the same day, and on October 13, 2010, issued a summary order of KRW 3 million for the same crime, etc.

[2] On May 16, 2018, the Defendant driven a car with Cmea while under the influence of alcohol with approximately 0.097% alcohol concentration from the 11km section from the 11km section to the 11st road of the Gyeongnam-gu Gyeongnam-si, which is located on the grhal road in the grhal road at the gral road at the gral road at the gral road at the gral road at the gral road at the groid.

Accordingly, the Defendant, even though he had the ability to drive a motor vehicle more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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