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(영문) 창원지방법원 통영지원 2017.08.30 2017고단829
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2013, the Defendant was sentenced to a fine of eight million won due to a violation of road traffic laws in the Changwon District Court’s territorial branch on December 3, 2013, and was sentenced to a fine of three million won due to a violation of road traffic laws on February 1, 2012, and was sentenced to a fine of three million won due to a violation of road traffic laws on at least two occasions in the same support.

On April 4, 2017, the Defendant driven a B-house under the influence of alcohol leveling 0.074% from the front day of the B-dong to the front day of the Daejeon High-gun Daejeon Highway Daejeon Highway, from around 18.2km to the front day of the Daejeon Highway, while under the influence of alcohol leveling 0.074%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. Previous convictions in the judgment: Details of inquiries about management of initial reports, references to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same type of 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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include the power of the Defendant as indicated in the judgment since 2007, which has been punished several times due to the crime of drinking and the crime of unlicensed driving, the fact that the Defendant committed the crime of drinking on the expressway with a high risk of large-scale accidents, and other factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered by Article 51 of the Criminal Act shall be determined by comprehensively considering the aforementioned factors.

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