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(영문) 창원지방법원 통영지원 2018.05.18 2018고단141

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws at the Changwon District Court on May 23, 201, and was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws in the Changwon District Court's branch on August 27, 2013, and was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws (driving), at the Changwon District Court's branch on December 29, 2014, and was sentenced to a fine of 5 million won for a crime of violating road traffic laws (driving of alcohol) at the Changwon District Court's branch on April 1, 201, and was sentenced to a suspended sentence of 1 year for a crime of violating road traffic laws (driving of alcohol) at the Changwon District Court's branch on April

9. The above judgment became final and conclusive.

[2] On December 17, 2017, the Defendant driven Crain Car while under the influence of alcohol content of approximately 0.114% from the section of approximately 173 meters, from the road of "Wowon-si, Sungwon-si, Sungwon-si, Busan, to the road in front of the Saemaeul National Treasury located in Changwon-si, Changwon-si, Seoul, to the road in front of the Saemaeul National Treasury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement making of the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking, and report on the circumstances of the driver who is placed in driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (the same type of force and the facts of probation period);

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. The reason for sentencing under Article 62(1) of the Criminal Act was the period of suspension of the execution due to drinking alcohol at the time of the instant crime, but the Defendant was the period of suspension of the execution due to drinking alcohol at the time of the instant crime. However, after a substitute driving, the Defendant was operated to the point where the substitute engineer is waiting, and the Defendant’s age, sex, sex, environment, health conditions, circumstances leading to the instant crime, means and consequence, etc., the sentence shall be determined as ordered in light of the sentencing conditions stipulated in Article 51 of