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(영문) 창원지방법원 진주지원 2018.06.19 2018고단299
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Power of crime] On December 22, 2006, the Defendant was ordered to take a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Dong branch of the Busan District Court.

[Criminal facts]

1. Around 13:00 on February 14, 2018, the Defendant driven a “D” parking section located in Jinju-si, with the alcohol concentration of 0.282% in blood, while under the influence of alcohol at approximately 3 meters in the section of “D” parking at Jinju-si, the Defendant driven an Egal bom B B-V truck.

2. On March 3, 2018, at around 20:40, the Defendant driven a Egallon ballon, while under the influence of alcohol concentration of approximately 0.183% from the 1km section of approximately 1km from the front of the Hadong-dong, Chungcheongnam-do, Haju to the Gang-si, Jin-si roads.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. A survey report on actual conditions;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. An accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Response to a request for appraisal;

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

1. Article 148-2 (2) 1, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the selection of a sentence of imprisonment;

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. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;

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