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(영문) 창원지방법원 2017.09.20 2017고단2379

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

[criminal history] On November 3, 2008, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act, and on June 1, 2015, the same court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act.

[2] On June 25, 2017, the Defendant driven Bone Star Corer under the influence of alcohol content of approximately 0.053% from the section of approximately 10km of alcohol from the Dog-ro, the Dog-ro, the Dog-si, the Dog-si, the Jindo-si, to the front path of the Jinhae Police Station, as well as from the Dog-si, the Defendant driven Bone Star Corer Corer under the influence of alcohol content.

As a result, the defendant was a person driving a motor vehicle not less than twice, and was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been sentenced to a fine not less than twice due to drinking (one of them is within the last three years) by driving under the influence of alcohol.

However, the defendant is against the defendant, there is no punishment exceeding the fine, and the driving of drinking did not lead to an accident.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, distance from driving alcohol, age of the defendant, sexual conduct, environment, details and motive of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.