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(영문) 창원지방법원 통영지원 2013.04.23 2013고단13
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 12, 2007, the Defendant was notified of a summary order of a fine of one million won for the crime of violation of the Road Traffic Act in the Changwon District Court’s territorial branch on March 12, 2007, and on September 5, 2007, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court, and was sentenced to a suspended sentence of five months for the same crime in the same court on September 3, 2010.

On December 1, 2012, at around 23:40, the Defendant driven a vehicle B lew at a distance of about 4 km to the front road of the Kim Jong-dong, which was attempted at the time of passing through through the Dong-dong, from the cross-defluent end of the cross-defluence, while under the influence of alcohol of 0.185% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (in addition, such as a copy of the same kind of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. In addition to the previous convictions stated in the judgment, the Defendant has the history of a fine of two times due to drinking driving from 2001 to 2004, and of a criminal punishment of two years of a suspended sentence for six months from the date of the sentence under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing).

The crime of this case was committed after the criminal punishment of a fine for one time due to drinking driving after 2007 and the two times of the suspended sentence of imprisonment, and it was committed at the time of the expiration of the final suspended sentence, and the defendant's blood alcohol concentration at the time of the crime of this case is considerably high, a strict punishment is required in light of the above fact.

However, considering the fact that the defendant reflects on the defendant, the minimum of statutory punishment shall be mitigated in consideration of the circumstances favorable to the defendant, and the punishment same as the order shall be determined by comprehensively considering all other factors of sentencing, such as the age, family relationship,

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