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(영문) 창원지방법원 거창지원 2016.06.22 2016고단147
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On March 10, 2016, at around 20:0, the Defendant driven B Poter Cargo Vehicles while under the influence of alcohol content of about 0.173% over a section of about 3km from the roads near Yancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-do to the roads near the same 1st century in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to arrest and report cases;

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

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances are that the Defendant was sentenced to a suspended sentence of imprisonment on two occasions due to the Defendant’s crime related to drinking alcohol, etc. for the reason of sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter the following conditions favorable to the reasons for sentencing). Since the Defendant was sentenced to a suspended sentence of imprisonment on two occasions due to the crime of refusing to take measurements after 2010, the Defendant was sentenced to a high alcohol concentration during blood at the time of driving the instant drinking, the Defendant’s criminal history, the background of the crime, the circumstances after the crime, and the attitude of statement in this court, etc. are expected to have a high possibility for the Defendant to drive the drinking in the future.

On the other hand, the fact that the defendant should support his family and scrap the vehicle used for driving drinking is favorable to the defendant.

In each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the Defendant’s age, sex, occupation and environment, and the background of the instant crime.

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