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(영문) 창원지방법원 마산지원 2017.01.24 2016고단1251

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 September 25, 2008, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 10,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5,00,000 as a fine of KRW 1,00 as a crime of violating the Road Traffic Act (drinking) from the Busan District Court’s Net Branch Branch Office on November 30,

[Criminal facts] On November 21, 2016, the Defendant driven B Spo-type car under the influence of alcohol content of about 0.101% at a distance of about 3km from the front of the Changdong community service center in the window of Changwon-si, Changwon-si to the front of the Korean electric power station located in the Changwon-si, Changwon-si, Seoul, the Defendant driven B Spo-type car under the influence of alcohol content of about 0.101%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: A majority of those who were punished for the same kind of crime have committed the crime of this case.

The favorable circumstances: The crime of this case is against the law.

The most recently punished punishment is a previous penalty of a fine of about four years.