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(영문) 창원지방법원 2014.04.25 2014고단704

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

The defendant, at the Jeju District Court on September 26, 2006, has the same kind of crime as a fine of two million won for the crime of violation of the Road Traffic Act; on March 25, 2009, a fine of one million won for the same crime at the Busan District Court on March 25, 2009; on August 26, 2011, the Changwon District Court is sentenced to a suspended sentence of two years for imprisonment for the same crime.

On February 17, 2014, at around 19:10, the Defendant driven a c-car under the influence of alcohol of about 300 meters in a section of approximately 0.218% in blood alcohol content from the road in front of the customary market in the Dong-dong Kimhae-si to the new loan road in the same time-dong 376-1.

Summary of Evidence

1. Nos. 1, 2, and 4 of the evidence list submitted by the prosecutor (hereinafter “verification”).

1. Previous convictions in judgment: the application of the Acts and subordinate statutes No. 5 and six times of verification;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) are as follows: (a) the Defendant committed the instant crime under the circumstances where he/she again took advantage of the fact that he/she committed the instant crime even though he/she had been punished several times