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(영문) 창원지방법원 통영지원 2018.01.25 2017고단1647
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 November 5, 2008, the Defendant was issued a summary order of KRW 300,000,000 as a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 4 million as a fine for the same crime in the same support on May 19, 2015, respectively.

[2] On October 12, 2017, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving under influence of alcohol), was driving a vehicle with approximately 500 meters of alcohol B string 50 meters from the road front of the ear-emitting day in the same Dong from the day after the ear-emitting day in the same Dong while under the influence of alcohol at a level of 0.163% of alcohol level among the blood transfusion around 21:50 on October 12, 2017.

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, report on investigation (not less than twice previous convictions and confirmations);

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's reasons for sentencing of Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures had a record of two times criminal punishment for traffic crimes such as drinking, driving, etc., but also has 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 the fine, the alcohol concentration and driving distance of the defendant's blood, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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