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(영문) 창원지방법원 2018.09.20 2018고단1859
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2006, the Defendant is a person who violated a summary order of a fine of three million won in the Changwon District Court for a violation of the Road Traffic Act (driving), and on June 6, 2014, by receiving a summary order of a fine of two million won in the same court as the same crime, on two or more occasions.

1. On June 16, 2018, the Defendant driven BM car under the influence of alcohol with approximately 0.102% of alcohol content from the 300-meter section from the new gold spring parking lot located in the 127-ro, i.e., the Eup of the window in Changwon-si, Changwon-si, to the Do square in the same Do fraternity, around 127, around June 16, 2018.

2. On June 27, 2018, the Defendant driven BM car under the influence of alcohol content of 0.239% in blood from the 2km section of approximately 2km to the roads near Changwon High School No. 54, 109, a mix of the window of Changwon-si, Changwon-si, to the roads near the 59-gil, to the same mixro, from June 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement on the circumstances of the driver at each driving school;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the summary order, etc. of the same case as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of punishment for a crime;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures had been punished by drinking, unauthorized driving, etc., and even once, the Defendant was driving under drinking again for ten days following the crackdown.

However, there is no record of punishment exceeding the suspension of the execution of imprisonment, and the age, sex, environment, circumstances leading to the crime, etc. of the defendant.

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