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(영문) 창원지방법원 통영지원 2018.04.06 2017고단184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 5, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws at the Changwon District Court’s Tongwon District Court’s Tong-gu branch on September 5, 2006. On September 4, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of road traffic laws (driving under drinking), and was sentenced to a suspended sentence of two years.

[2] On January 8, 2017, the Defendant driven B Poter II truck under the influence of alcohol content of about 0.086% from around 300 meters from the 300-meter radius to the real estate front road in front of the Gambro cafeteria cafeteria, Busan, the U.S., the U.S., the U.S., at around 22:10, the Defendant driven the B Poter II truck under the influence of alcohol content of around 0.086%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on drinking driving, and a report on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, two copies of a summary order of identical military power, and one copy of a judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant again committed the instant crime even though he/she had the record of being punished several times due to driving of drinking alcohol or driving without a license; and (b) the Defendant’s age, sexual behavior, environment, health conditions, circumstances leading to the instant crime, means and consequence; and (c) the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as ordered by the order.

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