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(영문) 창원지방법원 거창지원 2017.12.08 2017고단225
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 29, 2009, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of road traffic law in the Changwon District Court's branch on September 29, 2009, and on March 29, 2013, the Defendant issued a summary order of KRW 2.5 million to the same court on March 29, 2013 for the same crime, etc., and has the record of violating the provision on prohibition of driving under the Road Traffic

1. On June 7, 2017, the Defendant: (a) driven a coo vehicle in C with approximately 500 meters alcohol concentration of 0.154% while under the influence of alcohol while under the influence of alcohol at around 0.154% in the front of the restaurant and the front of the movable oil station located in the same side of the Gu, which is located in the front of the restaurant at the Seocho-gun, Gohap-gun, Gohap-gun; (b) around June 7, 2017, from the front of the restaurant to the front of the movable oil station located in the same side of the Dong.

2. On June 10, 2017, the Defendant: (a) driven a cub car on June 10, 2017, at around 20:05, from the front of the Dobongsan cafeteria located in Gohap-gun, Chungcheongnam-gun to the roads in front of the joint distribution of the same Eup in the same 2km section; (b) while under the influence of alcohol content of 0.133% during blood, the Defendant driven a cub car on the part of the foregoing paragraph 1 while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of each drinking alcohol, a statement on the circumstances of each driving driver, and a report on the circumstances of each driving;

1. Reporting on the arrest of each case;

1. An inquiry into the enemy;

1. Previous convictions: Application of the Acts and subordinate statutes of 3 copies, such as inquiries about criminal history, investigation reports (verification of the records of the same kind of defendant), and judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant was punished twice by a fine for a violation of the Road Traffic Act (drinking circumstances favorable to the Defendant), and without being aware of the fact that he/she was sentenced to a suspended sentence due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (dacting).

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