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(영문) 창원지방법원 거창지원 2018.07.13 2018고단109
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2011, the Defendant received a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) in the Changwon District Court's branch on May 27, 201, and on August 31, 2012, the Defendant received a fine of KRW 3 million from the same court as the same crime, and has committed two or more violations of the Road Traffic Act concerning the prohibition of drinking under the Road Traffic Act.

On May 9, 2018, the Defendant driven a BS-type car under the influence of alcohol leveling 0.138% from the 2km section of approximately 2km to the roads located in the same Gun, from the front of the restaurant prior to the extension of the extension in the Busan Donsan-gun, Gyeongnam Development-gun, to the roads located in the 257-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, report on the circumstances of the driver at home and report on the results of regulating the driving of drinking;

1. 112 Reporting case handling table;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (The circumstances favorable to the defendant, such as the fact that the defendant recognized all crimes and reflects his/her mistake, and that the defendant has no record of being punished for the same kind of crime for the last five years);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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