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(영문) 창원지방법원 진주지원 2019.01.30 2018고단1487
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2011, the Defendant issued a summary order of KRW 2.5 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on March 10, 2015, the Defendant had a record of having been issued a summary order of KRW 8 million for the same crime in the same court.

1. On September 24, 2018, the Defendant, while under the influence of alcohol around 04:13 on September 24, 2018, driven a Dcopi-sports motor vehicle at the section of approximately 74.5 kilometers from the Do in front of the Defendant’s residence, located in Gyeongnam-gun B to the front road of Daegu-gun, under the influence of alcohol level of 0.096%.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

2. On October 16, 2018, the Defendant, while under the influence of alcohol around 16:00 on October 16, 2018, driven a Dcopi-sports motor vehicle at the section of about 300 meters from the F in the Gyeong-gun, Cheongnam-gun to the G neighboring water level, while under the influence of alcohol at around 0.19% of alcohol level.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. Reports on the state of his/her oral statement, and investigation reports, respectively (report on the state of his/her primary driver);

1. Control note;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) a fine of KRW 2.5 million is imposed on the criminal facts that the Defendant driven under the influence of alcohol by 0.191% in the blood alcohol concentration around 2011; and (b) a fine of KRW 8 million is imposed on the criminal facts that he driven under the influence of alcohol content by 0.250% in the blood alcohol content around 2015.

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