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(영문) 창원지방법원 통영지원 2016.11.17 2016고단1098

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 27, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court. On April 10, 2012, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Facts】

On May 22, 2016, at around 20:30, the Defendant driven a vehicle from the hospital parking lot to the school from the hospital parking lot to the school from the same Eup, while under the influence of alcohol leveling 0.133% of alcohol level on the road at approximately 1km to the school from the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a D statement;

1. Details of management and inquiry of a report on the detection of hosts;

1. Application of a copy of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is a public official who has been sentenced to a fine due to drinking alcohol driving two times, but at the same time, despite the previous conviction of a fine due to drinking alcohol driving, the defendant, who had a risk of a large-scale accident, by driving along the road while under the influence of alcohol, should not reflect his mistake and repeat the crime. In addition, the defendant's age, occupation, character and conduct, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime of this case, etc., shall be determined as above on the ground that he has been sentenced to a punishment by taking into account the sentencing conditions stipulated in