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(영문) 창원지방법원 마산지원 2017.11.28 2017고단253
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 19, 2008, the Defendant issued a summary order of KRW 150,000,000,000,000,000,000,000 from the Changwon District Court, on February 3, 2017, on the criminal facts of driving a motor vehicle under the influence of alcohol concentration of 0.157% during blood, as a violation of the Road Traffic Act (driving) with respect to the crime of violation of the Road Traffic Act (driving) in the support of Suwon Flag Flag, which was issued by the Defendant.

[2] On January 23, 2017, the Defendant driven a BP motor vehicle while under the influence of alcohol content of about 0.152% in a section of about 300 meters from the blood alcohol level to the road in front of the 20-lane in front of the bones beon the road of the Sin-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, for a 20-lane in front of the bones beon the road of the same Eup/Myeon.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of a driver of a vehicle driving, inquiry into the results of crackdown on drinking, and report on the circumstances of the vehicle driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by 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. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered by taking into account the following circumstances, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.

In 205 and 2008, the Defendant was sentenced to a fine due to a violation of the Road Traffic Act (drinking driving) in 2008, as well as the Defendant committed the instant crime on December 16, 2016, even though he was found to have been aware of by driving under drinking on December 16, 201.

The amount of alcohol concentration in blood is high.

A favorable normal situation: A person has no record of being sentenced to imprisonment or heavier punishment for the same kind of crime.

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