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(영문) 창원지방법원 통영지원 2018.01.11 2017고단1363
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

On February 2, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving), and on April 5, 2007, the Defendant violated the provisions on the prohibition of drinking, such as being sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) by the same court.

On September 15, 2017, at around 22:55, the Defendant driven a Bbenz car under the influence of alcohol content of 0.075% from the 2nd 55-27 straight car parking lot to the 63rd spam spam road in common.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same type of judgment attached thereto) shall be made;

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's reasons for sentencing of Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures had a record of two times criminal punishment for traffic crimes such as drinking, driving, etc., but also has committed the crime of drinking alcohol.

However, considering the fact that the defendant recognized the crime of this case and there is no record of criminal punishment exceeding the fine, the degree of alcohol concentration and driving distance of the defendant's blood, the age, sex, environment, motive and background of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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