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(영문) 창원지방법원 거창지원 2019.09.04 2019고단205
도로교통법위반(음주운전)
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

[criminal power] On June 30, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on the grounds of a violation of the Road Traffic Act. On April 23, 2015, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On February 29, 2016, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act. On February 29, 2016, the Defendant was sentenced to the suspension of prosecution for a violation of the Road Traffic Act (driving) at the head of the Chang

【Criminal Facts】

On June 18, 2019, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, driven a Fpoter truck under the influence of alcohol 0.098% in a section of about 50 meters from the front of the C Union located in the Gyeongnam Development-gun B to the front road located in D, and driving a Fpoter truck under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, copies of summary orders, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant who committed the crime of this case again despite the fact that the defendant had a three-time drinking driving record: The fact that the defendant has committed the crime of this case by recognizing his mistake, the fact that the defendant has disposed of the vehicle, the fact that the defendant has no record of criminal punishment exceeding the fine, and the defendant's age, character, character, environment, health conditions, motive and consequence of the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the arguments

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