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(영문) 창원지방법원 2017.08.23 2017고단2050

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, the Defendant, while under the influence of alcohol level of 0.164% from blood alcohol level around 23:00, driven B Poter in the section of approximately 400 meters from the Do in front of the Do in the Kimhae-si, Kim Jong-si, Kim Jong-si, to the road front of the Do in the Do in the Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture is that the defendant was punished several times for traffic-related crimes [one violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, two times for violation of Road Traffic Act (driving without a license), two times for violation of Road Traffic Act (driving without a license) and two times for violation of Road Traffic Act (driving without a license) and two times for violation of Road Traffic Act (driving without a license)]. However, the defendant again committed the crime of this case. While the vehicle operated by the defendant was driven by a vehicle running on the opposite lane due to a negligence near the center line while the vehicle was driven by the defendant, the vehicle driven by the driver of the above vehicle suffers from face of hand.

However, the defendant recognized the crime of this case and is not subject to criminal punishment exceeding the fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, the age of the defendant, sexual conduct, environment, details and motive of the crime, circumstances after the crime, etc.