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(영문) 창원지방법원 마산지원 2017.04.26 2017고단280

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 1, 2007, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act by the Changwon District Court for a violation of the Road Traffic Act, etc. On August 1, 201, the Defendant was sentenced to a suspended sentence of two years for a fine of six million won for a violation of the Road Traffic Act at the Changwon District Court on August 1, 201. On December 17, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Changwon District Court on July 17, 2013, and on May 27, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act such as imprisonment for eight months and the Punishment of Violences, etc. Act (damage of property, such as a group or deadly weapon) at the Changwon District Court on parole for a violation of the Road Traffic Act at the Changwon District Court on May 13, 2016.

On February 14, 2017, the Defendant driven a Cpoter 2 truck under the influence of alcohol content of about 50 meters from approximately 0.181% from a 50-meter section from the 43-17rd road to the 878rd road of this Decree on the northwest-do, Hahnam-gun, Hahnam-do, Hahnam-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is a driver in charge and a written statement of the driver in charge;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous conviction, court rulings, etc. and criminal records of repeated crimes);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that the defendant has been punished for drinking driving, and that the defendant committed the instant crime during the period of repeated crime, and thus, he/she shall be punished by imprisonment with prison labor by selecting him/her.

혈 중 알코올 농도가 상당히 높지만, 운전거리가 � 은 점, 자백하고 반성하는 점, 그 밖에 피고인의 나이, 가족관계 등을 참작하여 주문과 같이 형을 정한다.