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(영문) 창원지방법원 2017.09.14 2017고단2525

도로교통법위반(음주운전)

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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

On June 15, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on February 13, 2012 to a fine for the same crime.

On July 3, 2017, while under the influence of alcohol level 0.099% during blood transfusion around 20:30 on July 3, 2017, the Defendant driven Bk7 car at a section of approximately 500 meters away from the Do in front of the North-Myeon of Changwon-si at the window of Changwon-si to the Do in front of the Do in the Do in the New Giri-ri City.

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 a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type 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 under Article 62-2 of the Criminal Act is that the Defendant had a history of serving several times of punishment due to driving under drinking, but again commits the instant crime, etc., the case is not less complicated in light of the following:

However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.