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(영문) 창원지방법원 통영지원 2017.11.23 2017고단1211
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

[criminal history] On June 23, 2008, the defendant was sentenced to a fine of two million won for a crime of violating road traffic law in the Busan District Court's Dong branch branch branch (dacting driving) and on December 22, 2008, the defendant was sentenced to a fine of two million won for a crime of violating road traffic law (dacting driving) in the same court on December 22, 2008 and all the records of the crime of the same kind are five times.

[2] On June 14, 2017, at around 22:25, the Defendant: (a) driven a Crops car with approximately 100 meters alcohol concentration of 0.102% from the section of 100 meters to the front of the road in front of the non-exclusive restaurant, which is located in the luminous (e.g., the luminous (e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 five times criminal punishment for traffic crimes such as drinking, driving, etc., but also committed the crime of drinking alcohol.

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

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