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(영문) 창원지방법원 2019.06.27 2018고단1549
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 23, 2009, the defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on February 23, 2009, and on September 1, 2016, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on at least two occasions.

On April 15, 2018, at around 23:22, the Defendant driven B K9 automobiles with approximately KRW 100 meters alcohol content from the section of approximately 100 meters around the Jinhae Police Station to the adjacent road of the Jinhae Police Station, as the Defendant had been under the influence of alcohol at around 0.171%.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and confirmation of the same kind of power);

1. The reason for sentencing of Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) on criminal facts is not only that the defendant has already been subject to criminal punishment three times due to the crime of drunk driving, but also committed the crime of drunk driving in this case during the period of suspended execution due to the crime of drunk driving, the fact that the blood alcohol concentration level of this case is high, and the defendant was exempted from attendance without justifiable grounds in light of the fact that the defendant was sentenced to severe punishment.

Other circumstances shown in the trial and records, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as ordered by the court.

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