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(영문) 창원지방법원 거창지원 2018.07.13 2018고단112
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 30, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Changwon District Court's branch on January 30, 2009, and on May 7, 2013, the Defendant received a summary order of KRW 2.5 million for the same crime from the same court on May 7, 2013, and has violated the provisions on the prohibition of drinking under the Road Traffic Act two or more occasions.

On April 12, 2018, the Defendant driven a C-wing truck under the influence of alcohol leveling 0.110%, while under the influence of alcohol leveling 0.110%, from the front road of the Defendant’s house located in Gyeongnam Development-gun, G to the front road of the brain valley in the same military scambed Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (the circumstances favorable to the defendant, such as the fact that the defendant has recognized the crime, that the defendant has driven after drinking alcohol and a considerable time has elapsed, and that there is a family member to support the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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