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(영문) 창원지방법원 통영지원 2017.11.02 2017고단1086
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 August 7, 2013, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and on November 18, 2015, the same court issued a summary order of KRW 5 million for the same crime.

[Criminal facts] On July 9, 2017, the Defendant driven BM5 vehicle under the influence of alcohol leveling to about 0.073% of alcohol leveling from the Busan hotel located in the Southern-gu Busan-dong, Busan-dong to the day front of the criminal day located in the Dong-dong, Dong-dong to the day preceding the day in front of the criminal day in the same Dong-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: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the same kind of power);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to be against the recognition of the instant crime; (b) there is no history of criminal punishment exceeding a fine; (c) the degree of alcohol concentration and driving distance of the Defendant’s blood relative; and (d) the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime; and (c) the circumstances after the commission of the crime, etc., shall be determined as the sentence

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