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(영문) 창원지방법원 거창지원 2016.10.19 2016고단329

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 29, 2016, at around 23:00 on August 29, 2016, the Defendant driven a 1 ton freight vehicle B while under the influence of alcohol with a blood alcohol concentration of about 0.189% over a five-meter radius at the roads near the Mauri-gun, Maguri-gun, Jinsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The provisions of Acts and subordinate statutes governing drinking driving control, checking the results thereof, and reporting of traffic accidents;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act includes three times the records of the defendant punished due to drunk driving, and the defendant's blood alcohol concentration was high at the time of the crime of this case, and the occurrence of traffic accidents is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against his criminal act, has no criminal record of suspended execution or more, and disposes of the vehicle used for drinking driving is favorable to the defendant.

Each of the above circumstances shall be sentenced to the same sentence as the disposition in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, character and conduct, occupation and environment, and the background of the crime in this case.