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(영문) 창원지방법원 밀양지원 2019.01.08 2018고단507
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 11, 2008, the Defendant received a summary order of KRW 2.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act. On January 30, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on January 30, 201. On September 5, 2013, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the regulations on prohibition of drunk driving twice or more as stated in criminal records, on October 17, 2018, the Defendant driven D 124c c amba while under the influence of alcohol at approximately 0.068% of the blood alcohol concentration at around the 100-meter section of the road near the C convenience store located in Syang-si B around 101.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, decisions, and the application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-1 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. An order to attend a lecture or an order to provide community service has the record of being punished several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the circumstances after

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