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(영문) 창원지방법원 2017.04.12 2017고단137
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] The Defendant received a fine of KRW 2 million from the Changwon District Court on January 25, 201, as a crime of violation of road traffic laws, etc. at the Changwon District Public Prosecutor's Office on August 25, 201, and as a crime of violation of road traffic laws at the Changwon District Court on January 25, 201.

[2] On December 23, 2016, at around 02:10, the Defendant driven a B-hand car under the influence of alcohol level of about 0.088% at the 2km section of alcohol level, from the Do adjacent to the Si Young Apartment apartment in the Dong-dong of the same city to the roads adjacent to the Dong-dong of the same Dong-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: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after ascertaining such minor convictions;

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, even though the Defendant had been subject to two times punishment due to drinking driving (one of them has not passed since the date of the instant crime), again, committed the instant crime, and the distance of driving is not shorter than the distance.

However, the defendant is against the defendant, and the accident did not lead to the actual accident.

In addition, the sentence like the order shall be sentenced in consideration of various sentencing conditions shown in the records and arguments, such as the age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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