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(영문) 창원지방법원 2018.10.26 2018고단2175
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

[criminal history] On October 13, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on April 8, 2014, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

[2] On August 9, 2018, at around 19:45, the Defendant driven a C-W vehicle with approximately 1k alcohol content at a section of approximately 0.085% alcohol content in blood, from the front of the New Sea State in Jin-gu, Jin-si, Jin-si, Jin-si to the lower end of the interesting road located in the river of the same Eup around that time.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of suspects in violation of the Traffic Act (driving) on roads, reports on the circumstances of drivers who take the driving, and reports on investigation (report on the circumstances of drivers who take the driving);

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 under Article 62-2 of the Criminal Code of the Order to Attend a lecture not only has the record of being punished three times for driving under drinking, but also has caused injury to others by causing a traffic accident while driving under the past drinking, and thus, the defendant has committed a second offense without being aware of the risk of driving under drinking even though he is well aware of the risk of driving under drinking.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The influence of alcohol did not lead to the actual accident.

The preceding previous conviction was sentenced to a fine in full, and the last five years of which is less than one case, and there is a family member to support including a mother.

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