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(영문) 창원지방법원 통영지원 2018.01.18 2017고단1579
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 19, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a crime of violating road traffic law at the Seoul Western District Court, and on November 17, 2016, a summary order of KRW 1,50,000 as a fine for the same crime was issued, respectively.

[2] On September 21, 2017, the Defendant, who was punished as a violation of the Road Traffic Act (drinking driving) on more than two occasions, driven a car with approximately KRW 500 meters a level of 50 meters from the front of the national bank in the same Dong and in the state of drinking around 22:30 on September 21, 2017, while under the influence of alcohol leveling 0.054% of alcohol level among blood transfusions, and driving a car with approximately KRW 500 meters a level of string down to the front of the national bank located in the same Dong and Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and reports on investigation (verification of the history of punishment for drunk driving at least twice);

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. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the crime of drinking alcohol driving in spite of his/her past record of criminal punishment of fines twice due to drinking driving.

However, considering the fact that the defendant recognized the crime of this case and there is no record of criminal punishment exceeding the fine, the degree of alcohol concentration and driving distance of the defendant's blood, the age, sex, environment, motive and background of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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