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(영문) 창원지방법원 통영지원 2017.11.10 2017고단1225

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on May 30, 2014, and was sentenced to a suspended sentence of two years for the same reason. On August 31, 2012, the Defendant was sentenced to a fine of 4.5 million won for a crime of violating the Road Traffic Act (driving) in the same court.

[2] On July 6, 2017, the Defendant: (a) driven a Cststststren car under the influence of alcohol content of approximately 0.255% from a section of approximately 1.5km to the front road of the 1.5km Park located in the same city-dong, Seopo-dong, Seopo-dong on July 6, 2017, when the Defendant was under the influence of alcohol content of about 0.25%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the scene of an accident, a report on the results of regulating the driving of drinking, and a report on the circumstances of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the same type of crime), and statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, community service, and order to attend a lecture has the criminal record of refusing to drive alcohol or to measure drinking alcohol at least six times, including the criminal record of a stay of execution due to two times of drinking, and the criminal record of refusing to drive alcohol or to measure the drinking alcohol at least six times, while the crime of driving this case is also under a very high level of alcohol concentration in blood, and thus, it is highly dangerous to the case where the defendant is found to have stopped at the middle of the road, and the case where the defendant is found to have a high level of alcohol concentration in the blood,

subsection (b) of this section.

Therefore, in the case of the defendant, the suspended sentence does not have the effect on the crime of drinking alcohol.

c. in this case.