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(영문) 창원지방법원 통영지원 2013.09.24 2013고단541

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 of the final judgment.

Reasons

Punishment of the crime

On December 26, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on December 26, 2006. On November 25, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on November 25, 2008. On July 16, 2010, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch branch on July 16, 201.

On June 14, 2013, at around 21:10, the Defendant driven Dsch-ton car under the influence of alcohol content of about 200 meters from the 200m section to the front route of the Myeon Office located in the same Ri, from the Myeon Office, to the Myeon Office located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, shall be considered as the reasons for sentencing disadvantageous to the defendant, even though the defendant had a past record of suspended sentence due to drinking driving.

However, considering the fact that the defendant's depth reflects the fact that the driving distance is relatively short, the grounds for sentencing favorable to the defendant shall be considered, and in addition to community service work for a long time in consideration of the defendant's age, family relationship, etc., the head of the same sentence as the order shall be determined by making the person under whose suspension