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(영문) 창원지방법원 통영지원 2017.04.19 2017고단262

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant received a summary order of a fine of one million won or more for a crime of violating road traffic laws (drinking) from the Changwon District Court through the Changwon District Court on February 29, 2008, and on February 14, 2012, the Defendant received a summary order of a fine of two million won or more for the same crime in the same court.

On January 30, 2017, at around 05:45, the Defendant driven a fee parking lot located in the father-dong, Busan Metropolitan City, and from around 1km to the global loan road located in the same Dong-dong in the same Gu, the Defendant driven a B-hurd car with alcohol content of about 0.107% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the same kind of power);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the defendant's criminal records, blood alcohol concentration and other terms and conditions of sentencing as prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc.