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(영문) 창원지방법원 2017.06.30 2017고단1593

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, 2014, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 4 million due to a violation of road traffic laws (driving alcohol), and on February 26, 2015, a fine of KRW 7 million due to a violation of road traffic laws (driving alcohol), respectively, at the Changwon District Court's Jinju branch branch.

[2] On April 29, 2017, the Defendant driven a C body-man car at approximately 50 meters away from the 50-meter section of alcohol content to the front road of the Sejong Park located in the same Dong, which was under the influence of alcohol at around 0.085%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of any violation of traffic laws on roads and a statement in the circumstances of the driver who takes the driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

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 reason for sentencing Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

The above previous convictions are within the last five years, and they have been driving at once since one year has not passed without obtaining a new license.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The level of alcohol is not severe, and the distance of driving has not followed by the actual accident.

The previous previous conviction was completely sentenced to a fine.

These points can be considered as favorable circumstances.

In addition, the age, sex, environment, background, circumstances after the crime, etc. of the defendant.