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(영문) 창원지방법원 진주지원 2016.11.16 2016고단833

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 2, 2010, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch on July 2, 2010, and on October 12, 2010, the same court issued a summary order of two million won for a violation of the Road Traffic Act.

On August 13, 2016, the Defendant was under the influence of alcohol with 0.173% of blood alcohol concentration at around 18:12, the Defendant driven BMW 735 meters from the front day of the “Yung Pung Plant Plant Center” located in the Hadong-dong Eup in the Hadong-dong-dong-dong-dong, Chungcheongnam-do to the front day of the island village of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act committed the crime of this case even though he had been subject to punishment several times due to drinking driving, and that the drinking water is considerable, the criminal liability of the defendant is not less than that of the defendant, but the defendant's criminal records are more than five years, and the same criminal records of the defendant have passed more than five years, such as the defendant's favorable circumstances, age, character and conduct, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, are considered.