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(영문) 창원지방법원 진주지원 2017.04.12 2017고단129

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to imprisonment for a period of eight months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes or a violation of the Road Traffic Act, and on November 21, 2014, in the Changwon District Court’s Jinju branch, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Road Traffic Act (refising of drinking), and was sentenced to eight months in the Tongwon District Court’s Jin-gu detention center on May 2, 2015, and the execution of the sentence is completed and eight times in the same kind of criminal record.

On November 25, 2016, at around 19:50, the Defendant driven a motor vehicle with the highest alcohol content of about 0.130% while under influence of alcohol at a section of about 300 meters from the day before the Busan Cheongcheon-si, Seocheon-si to the day before the fishing, while driving a motor vehicle with the highest alcohol content of about 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions indicated in judgment: Inquiries about criminal history, investigation reports (a copy of the text of the judgment, a copy of the summary order), and application of Acts and subordinate statutes to investigation reports (Confirmation of the

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that the Defendant refused to measure the alcohol level in around 2003, on two occasions in around 2014, and driven under the influence of alcohol level 0.118% in around 2001, and 0.197% in around 204, while driving under the influence of alcohol level 0.141% in around 201, while driving under the influence of alcohol level 0.141% in around 2010, there are the same criminal records that caused traffic accidents that cause pedestrians and do not take relief measures despite being driven under the influence of alcohol level 0.141% in blood level, and each of the above criminal records is very heavy.

The Defendant was sentenced to imprisonment with prison labor for the same kind, but again committed the instant crime even during the period of repeated crime, and the alcohol concentration in his blood is also high.

In addition, it is ordered in consideration of all the sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, circumstances of this case, means and result, etc.