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(영문) 창원지방법원 2016.06.09 2016고단868

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On April 4, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Changwon District Court on April 4, 2008, and was sentenced to six months of imprisonment and two years of suspended execution due to the same crime in the same court on October 7, 201.

On April 11, 2016, the Defendant driven a B rocketing vehicle with approximately 700 meters alcohol concentration at the section of approximately 0.110% in blood, from the front of the restaurant where it is impossible to identify the trade name in the Kimhae-si, Kim Jong-si around 00:24 to the front of the “Mo Blub hand” in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (a summary order, etc. attached to the same type of power);

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

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: The fact that the record of criminal punishment for the same kind of crime is several times, including two times of suspension of execution; - Other circumstances that make a confession and reflect, etc.; the circumstances in which the defendant is faced;