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(영문) 창원지방법원 2018.03.23 2018고단243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On May 30, 201, the Defendant received a summary order of KRW 3 million from the Changwon District Court’s Busan District Court to a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act, and on June 26, 2015, the Defendant received a summary order of KRW 3,00,000,000 as a fine for the same crime.

[Criminal facts] On January 16, 2018, the Defendant driven a B LV car at the section of about 2 km from the front side of Changwon-si 188-8, Changwon-si, to the front side of the third industry located in the same arms Dong, while under the influence of alcohol level of 0.10% among blood transfusion around 23:40 on January 16, 2018.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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: Inquiry about criminal history and application of a copy of each summary order;

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

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

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

1. The reason for sentencing Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

In the past, in the past, the driver has caused damage to others by causing a traffic accident due to driving of alcohol, and the driver has again acquired a license for driving of the front line which was revoked due to driving of the front line, and the driver has been driving at once for five months only.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The accident did not lead to a multi-level accident.

The previous convictions in the same kind were sentenced to a fine in full, and the last five years of which are less than one case. The fact that the elderly parents support unmarried parents can also be considered as favorable circumstances.

(b) other.

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