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(영문) 창원지방법원 2016.11.03 2016고단2922

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court on July 9, 2007, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on January 25, 2010, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 5, 2012.

On July 28, 2016, the Defendant, while under the influence of alcohol of 0.053% of blood alcohol content on July 28, 2016, driven B Poter Cargo Vehicles from approximately 500 meters away from the 177-ro Cheong-gu, Chang-gu, Chang-gu, Chang-si to the 344-ro in front of the Yong-gu, Chang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. A written report on the occupancy of a motor vehicle from the driver;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment of the same kind and subordinate statutes);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the degree of negative behavior and reflective behavior);