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(영문) 창원지방법원 2016.04.26 2016고단248

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On May 29, 2009, the Defendant was sentenced to four months of imprisonment or two years of suspension of execution due to a violation of road traffic laws at the Changwon District Court on the grounds of a violation of the Road Traffic Act, and on June 16, 2008, the Defendant was sentenced to a summary order of two million won or more due to a violation of the Road Traffic Act by the same court.

On January 5, 2016, while under the influence of alcohol content 0.05% among blood transfusions, the Defendant driven the B car in approximately 300 meters section from the front of a mutually influent cafeteria, which is located in the northwest New Village of Changwon-si, to the front road of an apartment apartment in the same Ri, from the front of the 300-meter radius.

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 investigation reports (a copy of a summary order, etc.);

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. 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. A comprehensive consideration of the following: (a) details and content of the crime with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) criminal records and reflectivity; and (c) the same sentence as the order was imposed