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(영문) 창원지방법원 2019.05.15 2019고단765
도로교통법위반(음주운전)등
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

1. On March 23, 2007, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court on March 23, 2007; on May 3, 2010, the above court issued a summary order of KRW 1,50,000 as the same criminal name; and on April 25, 2014, the above court was sentenced to a fine of KRW 5 million as the same criminal name.

As above, the Defendant was punished for the violation of the Road Traffic Act more than twice, and was driving a 31 ton cargo vehicle with a blood alcohol concentration of approximately 0.076% in the section of about 30 kilometers from C’s accommodation located in the Gyeongnam-gun B to the front road in the front of the intersection in Kimhae-si from around 02:10 on March 27, 2019, and was under the influence of alcohol level of about 0.076% in the direction of around 30 kilometers.

2. The Defendant violated the Road Traffic Act, even though having obtained a driver’s license to drive only an automatic transmission device, at the time, at the place, and at the place specified in the foregoing paragraph, the Defendant violated the conditions of the driver’s license by driving the manual transmission

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking driving control, and driver's license register;

1. Previous records of judgment: Application of criminal records, reply reports, and records of the control of drinking driving and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 153 (1) 7, and 80 (3) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

(b)bed;

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