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(영문) 창원지방법원 통영지원 2018.04.04 2018고단74
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court’s Tong-gu branch on October 8, 2013, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court’s Tong-gu branch on October 8, 2009.

[2] On December 24, 2017, the Defendant driven B rocketing car under the influence of alcohol content of 0.129% in alcohol from the date near the bank of Hyundai Oykdong, which is in the air-conditioning-dong around December 24, 2017 to the date on which the bamboo straw, which is in the 228-ro, is under the influence of alcohol.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol by a person who has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Making a statement on the circumstances of the driver who is to be placed in driving, making an investigation report (report on the circumstances of the driver who is placed in driving in driving), and inquiry about the

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. The fact that the defendant's decision-making decision-making on the sentence of drinking has sufficient vehicles parked while driving under drinking so that the defendant and the other party are scrapped, and the risk of driving under drinking, such as the defendant's injury, etc. is realized. As such, driving under drinking is an offense that may cause serious damage to the life, body and property of others as well as himself/herself, and there is a need to punish the corresponding person.

On the other hand, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, and the age of the defendant.

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