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(영문) 창원지방법원 2016.04.22 2016고단56

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On March 8, 2010, the Defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on March 8, 2010, and a fine of 4 million won for a violation of the Road Traffic Act at the Busan District Court on May 13, 2010.

On December 22, 2015, the Defendant driven B K5 cars while under the influence of alcohol content of about 200 meters near the road in front of the 646-20-dong, Samnam-si, Kimhae-si, 13:20, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.188% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Request for appraisal of alcohol, response to a request for appraisal, report on detection of a primary driver, and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime again despite the fact that the same criminal history was more than three times, as stated in the facts constituting the crime in the judgment of the court, in addition to the fact that the Defendant was sentenced to a fine on two occasions due to a violation of road traffic laws (driving), and that the amount of alcohol concentration in the blood while driving the instant drinking is very high at the time of driving the alcohol, etc

However, the defendant's mistake is divided and again does not drive drinking again, the driving distance is relatively short as driving in order to move the place to nearby drinking houses at the time of driving the drinking of this case, the defendant has no record of punishment above the suspension of execution, and the criminal law is criminal law such as the defendant's age, sex, motive, means and consequence of the crime, the situation after the crime, etc.