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(영문) 창원지방법원 2018.04.05 2017고단4171

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and a summary order of KRW 4 million for the same crime at the same court on April 17, 2015.

On November 17, 2017, the Defendant driven a B-crack vehicle with about 4 kilometers from the area near the Northern Park located in the Dong in Kimhae-si to the three-lane dong located in the same Si, while under the influence of alcohol level of 0.080% among blood transfusion around 02:00.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

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: References to the results of crackdown on driving alcohol, references to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of all the following conditions of sentencing, including the Defendant’s age, sexual behavior, environment, motive for committing a crime, blood alcohol density, and circumstances after committing a crime.

Unfavorable circumstances: The defendant has a record of being punished for the same crime.

In favorable circumstances: The defendant seems to have a view to recognizing and opposing his wrongness.