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(영문) 창원지방법원 통영지원 2018.02.01 2017고단1587
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

On November 15, 2006, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws (drinking) in the Changwon District Court’s Tongwon District Court’s branch on November 15, 2006, and on February 4, 2013, the Defendant violated the prohibition of drinking regulations by being sentenced to a fine of 1.5 million won due to a violation of road traffic laws (drinking) at least twice.

On September 30, 2017, the Defendant driven a car in the Bcoon in the state of alcohol leveling 0.126% of alcohol level in approximately 100 meters from the 100-meter radius from the sloping-dong, Gyeong-dong, Gosi-dong, Gosi-dong, Gosi-dong, Gosi-dong, Gosi-dong, to the front road of the Gosi-dong, Gosi-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 application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the crime of drinking alcohol driving in spite of his/her past record of criminal punishment of fines twice due to drinking driving.

However, considering the fact that the defendant recognized the crime of this case and there is no record of criminal punishment exceeding the fine, the degree of alcohol concentration and driving distance of the defendant's blood, the age, sex, environment, motive and background of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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