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(영문) 창원지방법원 통영지원 2017.07.06 2017고단513
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act in the Changwon District Court through the Changwon District Court on September 10, 2008, and was sentenced to a suspended sentence of two years for the same crime of violating the Road Traffic Act. On April 16, 2014, the defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) and was issued three times before and after the violation of the Road Traffic Act (drinking).

[2] On March 25, 2017, the Defendant driven a truck of approximately 1.5 km B 1.5 km from the front of the spam spam cam cambling at the spam 3rd of the spam, which is located in the spam 3rd of the spam-si at the spam-si, under the influence of alcohol level from around 07:00 to around 07:197% of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A request for appraisal or a response to a request for appraisal (including an appraisal report attached thereto);

1. A report on detection of a primary driver (the result of blood collection);

1. Photographss related to traffic accidents;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the Defendant committed the instant crime in spite of three times the past records of criminal punishment due to drinking driving, the Defendant’s occurrence of traffic accidents due to the Defendant’s crime of drinking driving, and the Defendant’s blood alcohol concentration reaches 0.197%.

However, it is against the defendant's recognition of his own crime, and the fact that he purchased a comprehensive insurance is favorable.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and all the sentencing conditions shown in the previous theory shall be determined as ordered in consideration of the defendant's age, sex, environment, motive, means and result.

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