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(영문) 창원지방법원 통영지원 2017.11.02 2017고단1001
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

On March 30, 2015, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) in the Changwon District Court’s Tong-gu branch on March 30, 2015, and on May 20, 2015, the Busan District Court sentenced a fine of KRW 5 million to a violation of road traffic law (drinking driving) at the Busan District Court’s Busan District Court on more than twice.

On June 20, 2017, at around 00:45, the Defendant driven a Clater-low-car under the influence of alcohol content of about 0.131% while under the influence of alcohol at approximately 200 meters from a section of approximately 200 meters from the CJacoa's underground parking lot located in the CJapo-dong in the front of the CJapo-dong in the Pool-si, Pool-si.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment related to drinking driving power), and 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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of criminal punishment three times for traffic-related crimes, such as drinking, driving without a license, etc., he/she also committed the crime of drinking alcohol.

However, according to the fact that the defendant recognized the crime of this case, there is no record of criminal punishment exceeding a fine, the amount of alcohol concentration and driving distance of the defendant's blood relative, and other factors such as the defendant's age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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