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(영문) 창원지방법원 통영지원 2018.04.05 2017고단1839
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 fine of one million won on June 20, 2007 as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court on March 2007, and was sentenced to a fine of two million won on April 22, 2009 as a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Tong Branch Branch of the Changwon District Court on April 22, 2009, and was sentenced to two times

[2] On December 3, 2017, the Defendant: (a) driven a B SP car under the influence of alcohol content of 0.128% from a section of 1.2km to the apartment road in front of the apartment site, by finding from the front side of the members who are members of the Go-dong, Go-dong, Go-dong, Go-si, Go-dong on December 3, 2017 to the front side of the apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reason for sentencing under Article 62-2 of the Criminal Act, such as the fact that a defendant drives drinking again, even though he/she has been sentenced twice to a fine due to the same kind of crime, and the degree of driving at the time of driving a vehicle and the distance of driving, etc., are less light of the accused’s liability for the crime;

subsection (b) of this section.

However, considering the fact that the defendant's mistake and reflects, there is no record of punishment exceeding a fine, and the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, various conditions of sentencing as shown in arguments shall be determined as ordered.

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