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(영문) 창원지방법원 2017.02.10 2016고단3916
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 2, 2007, the Defendant was issued a summary order with a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court on May 2, 2007, and on June 23, 2008, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court.

On November 15, 2016, at around 00:50, the Defendant driven a BM5 vehicle under the influence of alcohol content of approximately 0.154% from a 200-meter section of blood alcohol to the next three-distance road of the University, a person located in the Guhae-si, Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she had been sentenced to a fine more than once, in addition to the record of having been sentenced to a suspended sentence due to a violation of road traffic laws, etc., as stated in the facts constituting the crime in the judgment, and the Defendant again committed the instant crime. The fact that the amount of alcohol content in the blood alcohol at the time of driving the instant crime is very high is the reason

However, the defendant does not repeat the same kind of crime again, the driving distance at the time of driving the drinking of this case is short, the occurrence of traffic accident does not occur, and the defendant has no record of punishment after June 23, 2008, and other favorable reasons for sentencing, such as the defendant's age, sex, motive, means, and consequence of the crime.

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