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(영문) 창원지방법원 통영지원 2017.12.14 2017고단1362

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on November 12, 2013, and a person who received a summary order of KRW 3 million for the same crime in the same court on May 22, 2014.

[2] On July 31, 2017, under the influence of alcohol level of 0.25% among the blood transfusion around 20:20, the Defendant driven BM5 vehicles at the 6km section of approximately 6km from the front of the apartment complex in the Tae-gu, Sung-gun, Sung-gun, Gosung-gun to the front of the apartment complex in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, an accident site photograph, a report on the detection of a driver at the main place, and a report on the circumstances of the driver at

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (suspects, previous and confirmations of suspects), and other relevant Acts and subordinate statutes;

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a history of five times of criminal punishment for traffic crimes such as drinking, the Defendant committed an automobile driving in the state of drinking at the time of the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant crime is very high by 0.25%.

However, the criminal defendant is against his or her dignity when he or she recognizes his or her crime.

The punishment shall be determined as ordered by taking into consideration the following factors: alcohol density, driving distance, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, and all the sentencing conditions shown in the previous theory, such as the records of this case and the changes.