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(영문) 창원지방법원 통영지원 2016.07.29 2016고단499

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On June 5, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law (drinking) at the Changwon District Court’s Tongwon District Court’s branch. On September 1, 2008, the Defendant was issued a summary order of 2.5 million won for the same crime at the Changwon District Court’s branch.

[2] On April 15, 2016, at around 22:55, the Defendant driven a DNA car under the influence of alcohol level 0.061% while under the influence of alcohol level 0.061% in alcohol level on the road of approximately 4km away from the mnives of the mixpo-si, Changwon-si, Changwon-si, Gosung-si to the road front of the real estate located in the Jinwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same type of judgment, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Article 55 and Article 55 (1) 3 of the Punishment Act (see, e., Supreme Court Decision 2009Da1548, Apr. 1, 200)

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;