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(영문) 창원지방법원 2018.12.12 2018고단2354
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] Violation of the Road Traffic Act (Drinking 2010): A fine of one million won: a violation of the Road Traffic Act (Drinking 2013): A fine of KRW 3 million: a violation of the Road Traffic Act (Drinking 2016): May/ suspended sentence; a violation of the Road Traffic Act of KRW 200,000: a fine of KRW 3 million: the judgment of violation of the Road Traffic Act of KRW 40,000: a violation of the Act on July 13, 2017, which was sentenced to imprisonment of KRW 6/ suspended sentence of two years: a crime committed on July 21, 2017 / The defendant was under the influence of alcohol level 0.206% while under the influence of alcohol level from blood transfusion; and a violation of the Road Traffic Act of KRW 3 million from June 30, 2018 to the road that was located in the front of the Dong-gu Police at the same distance of convenience to the road that was located in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The sentence of imprisonment with prison labor for the former period of two years: The grounds for an aggravated sentence of ten months under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of imprisonment: A person who has been sentenced to imprisonment with prison labor for a specified period of ten months: A person who has been sentenced to imprisonment with prison labor for a specified period of ten months: A person who has committed a second offense (the same type of imprisonment with prison labor); a high blood alcohol level (0.206%) during the period during which the person has been subject to a suspended sentence; a person who has been sentenced to imprisonment without prison labor for a specified period of four times before and after the judgment; a person who has been sentenced to imprisonment with prison labor for a specified period of four times; a person who has been sentenced to imprisonment with prison labor for a specified period of two years (the person who has been sentenced to a fine for a person who has been sentenced

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