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(영문) 창원지방법원 2016.11.18 2016고단2391

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2011, the Defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of two million won or more for the same crime at the same court on May 2, 2016.

On July 23:43, 2016, the Defendant driven a B-to-purd vehicle with a blood alcohol content of about 0.173% in the front of the parking lot in front of the 107-dong Kim Jong-si, where it is difficult to know the trade name in the 33-dong Kim Jong-si, in front of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), internal investigation reports, investigation reports (a copy of summary order attached);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime despite having been sentenced to a fine due to the violation of the Road Traffic Act, such as the crime of violation of the Road Traffic Act, and (b) the fact that the driving of the instant drinking alcohol was under the influence of causing a traffic accident, which is disadvantageous to the

However, the sentence like the order shall be imposed in consideration of the favorable reasons for sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., which are favorable to the defendant, such as the fact that the defendant does not drive a drinking again again in the future, and that the defendant has no record of punishment heavier than a suspended sentence, and other conditions for sentencing under Article 51