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(영문) 창원지방법원 밀양지원 2017.10.26 2017고단407

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 history] On February 10, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking driving) in the Busan District Court’s Dong Branch Branch, and a fine of four million won as of July 11, 2013 in the same court.

[Criminal facts] On August 19, 2017, the Defendant driven a Csch Rexton car under the influence of alcohol content of about 0.103% at a distance of about 3km from the 3km to the front road of the Jinri Village in front of the death monthly village in the front of the same area, the Defendant, at around 00:40 on August 19, 2017.

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. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that there was a record of multiple punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records after the crime was committed.