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(영문) 창원지방법원 마산지원 2017.06.13 2017고단394

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 March 10, 2014, the Defendant was issued a summary order of KRW 7 million by the Changwon District Court on the grounds of a violation of road traffic law (driving), etc., and on October 4, 201, the Defendant was issued a summary order of KRW 3 million as a crime of violation of road traffic law (driving alcohol) at the Changwon District Court’s Changwon Branch Branch Branch on the ground of a violation of road traffic law.

[2] On March 19, 2017, around 01:13, the Defendant driven a BM5 vehicle while under the influence of alcohol content of about 0.218% at a section of about 500 meters from the front of the remote apartment in Jin-gu, Jin-si, Jin-si to the front of the Busan Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, reporting on the detection of the driver involved in driving, response to requests for appraisal, and inquiry about the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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.

D. Unfavorable circumstances: The crime of this case was committed even though there were two occasions of punishment for the same kind of crime.

The amount of alcohol concentration in blood is high.

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

There is no record of punishment heavier than that of suspended execution for the same crime.