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(영문) 창원지방법원 진주지원 2018.09.12 2018고단854
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 April 24, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law in the Changwon District Court’s Tongwon District Court’s branch on April 24, 2009, and on August 13, 2015, the Defendant was issued a summary order of KRW 2 million as an identical crime from the Changwon District Court’s Jinju branch on August 13, 2015.

Criminal facts

On June 11, 2018, the Defendant, while under the influence of alcohol of 0.081% during blood transfusions, driven B in the section of approximately 300 meters from the “Seng-gu, Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-si

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs related to accidents;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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