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(영문) 창원지방법원 2016.09.09 2015고단1211

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On March 29, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court on March 29, 201, and a summary order of KRW 2 million as a fine in the same court on April 18, 201.

On October 18, 2012, the Defendant driven a B liquid feascing vehicle with approximately 500 meters alcohol concentration at a section of approximately 0.100% of alcohol content around the same dong department store, from the roads near the Handong-dong, Changwon-si, Sungwon-si, Chungcheongnam-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), previous convictions in disposition and results of confirmation, and Acts and subordinate statutes;

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;