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(영문) 창원지방법원 통영지원 2017.08.08 2017고단771
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 October 14, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) in the Changwon District Court’s Tongwon District Court’s territorial branch on October 14, 201, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the same support on December 6, 201.

On June 1, 2017, the Defendant driven B car while under the influence of alcohol 0.104% in a section of about 30 meters from the front to the front road of the ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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 on community service and lecture attendance order committed the instant crime even though the Defendant had been under several criminal punishment for traffic crimes, such as drinking, driving, etc., but the Defendant committed the instant crime. However, considering the circumstances favorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s act, etc., and the fact that the distance of the Defendant’s driving is relatively short, the sentence as ordered is determined by taking into account all other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime

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