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(영문) 창원지방법원 밀양지원 2017.12.21 2017고단223

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant, around 03:01, 201, driven Branxg automobiles while under the influence of alcohol content of about 0.213% in the section of approximately 8km on the road at 141km away from the cafeteria road located in Gangseo-gu Busan Metropolitan City to the influence of Kimhae-si in the name of the non-cafeteria road located in Gangseo-si, Gangseo-gu, Busan Metropolitan Government.

On January 13, 2014, the Defendant was sentenced to a fine of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (driving). On May 31, 2017, the Changwon District Court was sentenced to a fine of KRW 1.5 million. On May 31, 2017, the Defendant was not detained for a crime of violating the Road Traffic Act (driving) and is currently pending in trial.

[2] On May 4, 2017, around 21:15, the Defendant driven C truck with alcohol content of about 0.181% at a section of about 3 km in front of the passenger car located in the Dong branch office of Gangseo-gu Busan, Gangseo-gu, Busan, with the influence of alcohol level of about 0.181%.

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

Summary of Evidence

"2017 Highest 223"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of driving of alcohol, "2017 Highest 295";

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of separate indictments);

1. Relevant legal provisions, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment, respectively, for a criminal offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 fact that an order to attend a lecture or an order to provide community service has been punished for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the age, environment, and the defendant's age.