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(영문) 창원지방법원 2019.10.30 2019고단2040
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 30, 2007, at the Changwon District Court, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) and on September 16, 2010, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On September 26, 2012, on September 26, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 2, 2015.

【Criminal Facts】

On June 29, 2019, the Defendant, while under the influence of alcohol at 0.286% of blood alcohol level, driven the delivery company “C” in the window B of Changwon-si from the front side of the delivery company in the same window B of Changwon-si to the shooting distance from the 5km section of the map in the same Dondong of the same Gu to the 5km.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Reports: 112 Reports, records of actual condition survey, reports on detection of home-employed drivers, circumstantial statements of home-employed drivers, investigation reports, and circumstantial reports of home-employed drivers;

1. Previous convictions in judgment: Criminal records, each summary order, and the application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s age, character and conduct, health conditions, the substance and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

Disadvantageous circumstances: The defendant driving in a state of full blood alcohol content (0.286% of blood alcohol content) resulting in a significant risk to the life and safety of others.

The defendant has been punished four times in total for the same crime, including two times of suspension of the execution of imprisonment.

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