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(영문) 창원지방법원 통영지원 2018.03.16 2017고단1884
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 May 4, 2010, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and was issued a fine of two million won for the same crime from the Jinwon District Court on January 19, 201. On June 1, 2011, the Defendant was issued a summary order of three million won for the same crime from the Jinwon District Court's Jinwon District Court's Jin branch.

On December 3, 2017, the Defendant driven BM3 automobiles under the influence of alcohol 0.080% alcohol concentration in blood, from the Handong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the front road of apartment-dong-dong-dong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of the driver of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (report accompanied by the summary order of the previous records);

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

1. Selection of imprisonment with prison labor chosen;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The strict punishment is required in light of the risk of driving drinking alcohol, the circumstances that are favorable to the driving of drinking alcohol in this case, even though three times the past records of the punishment of a fine due to the same crime, are recognized and reflected: The fact that there is no past record of criminal punishment heavier than the suspension of execution, and other various sentencing conditions shown in the records and changes theory, such as the motive and background of the crime, means of the crime, driving distance, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.

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