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(영문) 창원지방법원 통영지원 2016.05.12 2016고단273

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 18, 2008, the Defendant was sentenced to a suspended sentence of three years for six months by imprisonment with prison labor for a crime of violating road traffic law in the Changwon District Court's Tongwon District Court's Tong-gu branch on September 18, 2008 due to a violation of road traffic law. < Amended by Presidential Decree No. 22440, Oct. 13, 2010>

On March 11, 2016, at around 22:55, the Defendant driven CK3 motor vehicles owned by the wife in the state of alcohol alcohol concentration of about 500 meters from the 500-meter section to the earth in the same city of Taepyeong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. References to inquiries about criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same type of judgment);

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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, sex, family relation, environment, motive and circumstance of the crime, and circumstances after the crime, and the sentence is determined as ordered on the grounds that the defendant has been sentenced to a suspended sentence due to drinking alcohol twice in the past and the defendant does not repeat the crime of this case. In addition, the defendant's age, sex, family relation, family relation, environment, motive and circumstance of the crime of this case, etc. in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.