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(영문) 창원지방법원 2018.06.28 2017고단3752
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 13, 2011, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the same court on June 5, 201.

On October 13, 2017, at around 20:35, the Defendant driven a Cpoter II cargo vehicle under the influence of alcohol concentration of about 0.121% in blood while under the influence of alcohol leveling from the street in front of the Nlin-sing shop to the Jin-sing-9, to the front road of the Jin-sing-sing funeral to the front road of the Jin-sing-sing funeral.

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: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order statutes;

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 Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for the same kind of crime.

The alcohol concentration level at the time of drinking driving is high.

However, the defendant seems to have an attitude to reflect by recognizing his mistake.

The defendant has no record of being punished in excess of a fine after 195.

The distance of drinking driving is relatively short.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, and circumstances after the crime.

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