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(영문) 창원지방법원 마산지원 2018.10.23 2018고단678
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On May 17, 2010, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on August 30, 2010, a summary order of KRW 5 million was issued by the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.

On July 8, 2018, at around 16:15, the Defendant driven CK7 car under the influence of alcohol leveling 0.096% from the 7km section from the roads located in the Magpo-gu, Changwon-si, Changwon-si to the roads adjacent to the same Gu B apartment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Article 148-2(1)1 and Article 444(1)1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) on criminal facts

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment is that the defendant has already been punished on one occasion for a violation of the Road Traffic Act, on two occasions for a violation of the Road Traffic Act, for a violation of the Road Traffic Act and for a violation of the Road Traffic Act (non-licenseed driving), for a violation of the Road Traffic Act, for one time for a violation of the Road Traffic Act (non-licenseed driving), and for four times in total.

Among them, it shall be sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed driving), and there is also a history of being sentenced to a suspended sentence for two years.

However, despite the above many previous convictions, the defendant is expected to open the defendant, and the purport of the suspended sentence is colored, and the defendant is not able to do so, and again, is driving while under the influence of alcohol as stated in the judgment of the court.

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