(영문) 창원지방법원 통영지원 2017.09.28 2017고단935

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(영문) 창원지방법원 통영지원 2017.09.28 2017고단935

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 27, 2006, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Dong branch of the Busan District Court on November 27, 2006, as well as a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong branch on June 1, 2010.

[2] On July 1, 2017, the Defendant driven BM520 automobiles under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.128% from the 300-meter section to the front road of the bank located in the ancient-dong at the Scambling city on July 1, 2017 to 21:25 July 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to be against the recognition of the instant crime; (b) there is no history of criminal punishment exceeding a fine; (c) the amount of alcohol concentration and driving distance of the Defendant’s blood relative; and (d) the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime; and (c) the circumstances after the commission of the crime, etc., the punishment as ordered shall be

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