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(영문) 창원지방법원 마산지원 2018.09.21 2018고단586
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 January 24, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Mapo Branch's branch on January 24, 201, and on May 13, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime.

On May 31, 2018, the Defendant driven a Chand car with approximately 100 meters alcohol concentration at around 0.148% while under the influence of alcohol level at around 0.148% from the 100m section of alcohol level from the roads in the Changwon-si, Changwon-si, Changwon-si to the reduction of 369 high field from the roads in the night field of the same Gu to the front day of static.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of force), application of summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act is that the defendant was punished for drinking driving.

However, if the crime is recognized and the mistake is divided in depth, there is no record of criminal punishment exceeding the fine, and the defendant's age, family relationship, occupation, driving distance, etc. shall be determined as ordered by considering the defendant's age, family relationship, occupation, driving distance, etc.

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