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(영문) 창원지방법원 통영지원 2016.06.15 2016고단437

도로교통법위반(음주운전)

Text

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

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

Reasons

Criminal facts

[criminal history] On March 9, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic laws in the Changwon District Court’s Tong-gu branch on March 9, 201, and was sentenced to a suspended sentence of KRW 2.5 million for the same offense in the same court on November 26, 2012, and was sentenced to a suspended sentence of ten months on December 4, 2012 and the judgment became final and conclusive on December 4, 2012, and the same criminal record is five times in total.

[Criminal facts] On March 21, 2016, the Defendant driven B mopon vehicle at approximately 500 meters from the front side of the “sled sofed sofed,” which is in the eroding of the light drawing at the city of throughout the influence level of 0.096% of alcohol during blood at around 21:45, to the front side of the “blue rest tele in the elel” located in the same erost, while under the influence of alcohol at around 0.096% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A report on investigation;

1. Inquiries about the results of crackdown on driving under drinking;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. Under Article 51 of the Criminal Act, conditions of sentencing under Article 51 of the Criminal Act, such as the observation of protection, community service, and order to attend a lecture, the degree of alcohol concentration, the details and distance of driving, the records of punishment for the same kind of crime, and the defendant's age, sex behavior, environment, and circumstances after committing a crime, etc., shall be equally considered, and the defendant's punishment shall be determined, and protection and observation, order to attend a lecture, and order to provide community service shall be added as a result of the risk of recidivism, reflect