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(영문) 창원지방법원 2017.02.10 2016고단3900

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2011, the Defendant had a record of being punished by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on October 4, 201, and a fine of KRW 2 million for the same crime at the same court on August 20, 2012.

On October 15, 2016, at around 21:40, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.097% in the middle of the toy discount department store located in the same Dong from the Do to the Do in front of the Do toy department store located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history (A) and criminal history, and other relevant Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine due to a violation of road traffic law, etc., as stated in the facts constituting the crime in the judgment, and the fact that the amount of alcohol concentration in blood at the time of driving the instant drinking is relatively high, etc. are the reasons for the unfavorable sentencing against the Defendant.

However, the defendant does not repeat the same kind of crime again, the distance of driving under the drinking of this case is short, traffic accidents have not occurred, and the defendant has no record of being sentenced to suspended execution or more, and other favorable reasons for sentencing, such as the defendant's age, sex, motive, means and consequence of the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be sentenced to the same punishment as the order.