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(영문) 창원지방법원 2017.02.15 2016고단3968
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 8, 2008, the Defendant received a summary order of KRW 700,000,000 from the Seoul Central District Court on August 16, 2012 to a fine of KRW 3 million for the same crime as a violation of the Road Traffic Act (driving) in the support for the Ansan of the Suwon Flag Flag method.

On October 1, 2016, at around 21:40, the Defendant driven a Bsch Rexton car at approximately 400 meters from the front of the Recycling Center located in the Seocho-gu, Changwon-si to the front road of the apartment complex of Jin-gu, Jin-gu, Jin-si, with alcohol concentration of about 0.086% under the influence of alcohol level.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to summary orders attached to the same type

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine as stated in the facts constituting the crime, etc., which is disadvantageous to the Defendant.

However, the defendant does not repeat the same crime again; the traffic accident at the time of driving the drinking of this case did not occur; the blood alcohol concentration also remains at the level of license suspension; the defendant's age, sex, motive, means and result of the crime.

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