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(영문) 창원지방법원 마산지원 2018.09.07 2018고단793
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 12, 2008, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of road traffic law in support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea on March 12, 2008, and KRW 2 million as a fine for the same crime in the same court on March 25, 2010.

Although the Defendant had been punished for drinking driving two times as above, he again driven a rocketing car from around 10 km to the 262 knife-si in the original city of Changwon-si under the influence of alcohol concentration of 0.077% on July 30, 2018 at around 23:26, in a state of under the influence of alcohol at around 0.07% on blood.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the same record as the defendant, it is necessary to recognize errors and not re-offending again, the punishment as ordered shall be determined in light of the circumstances of the case, the drinking volume, etc.

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