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(영문) 창원지방법원 2017.04.12 2017고단139
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

On December 28, 2006, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on December 28, 2006, the summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Seoyang Branch on September 18, 2007, and on October 14, 2013, the Defendant issued a summary order of KRW 7 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Changwon District Court's branch.

피고인은 2016. 12. 11. 11:53 경 혈 중 알콜 농도 0.086% 의 술에 취한 상태에서 부산시 강서구 화전 산단 5로 라 원해 물 짬뽕 앞에서부터 창원시 진해 구 진해대로 용원 택지 삼거리에 이르기까지 약 6.8Km 구간에서 B 아반 떼 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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 for the protection observation and the order to attend a lecture, despite the fact that the Defendant had been punished three times due to drinking driving, again committed the instant crime, the driving distance is also driving, and the contact was caused due to drinking driving.

However, the defendant is against the defendant, and it seems that he suffered from friendly disability from around 2009, and the vehicle seems to have been disposed of after the occurrence of this case.

In addition, two times of the previous crimes of the same kind as seen earlier are punished by a fine for which not less than eight years have passed, taking into account the fact that the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions as the order shall be imposed.

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