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(영문) 창원지방법원 2016.09.23 2016고단1834
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 July 5, 2010, the Defendant received a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving) from the Changwon District Court on July 5, 2010, and on September 2, 2010, the Defendant received a fine of 4 million won due to a violation of the Road Traffic Act (drinking driving) from the Jungwon District Court on more than two occasions.

On June 11, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.130% in a section of approximately 200 meters from the Do in front of the alley trees in the city of Kimhae-si to the same road in front of the same water route of the same Do of 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, making a statement on the circumstances of the driver of drinking, and notifying the results of regulating driving of drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been sentenced to a fine twice due to a violation of road traffic laws (drinking driving) as stated in the facts constituting the instant crime, and the fact that the amount of alcohol concentration during the blood alcohol driving of the instant case is very high is the reason for sentencing unfavorable to the Defendant.

However, the defendant returned the vehicle of this case to the person in the name of the person in charge of drinking, and again, the defendant's favorable sentencing grounds, such as the fact that the defendant has no record of punishment heavier than a suspended sentence, and other favorable sentencing conditions, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., shall be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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