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(영문) 창원지방법원 2016.11.08 2016고단2934

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On January 21, 2009, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Busan District Court on January 21, 2009, and on June 21, 201, the Defendant was sentenced to imprisonment of six months and two years of suspended execution at the Busan District Court on June 21, 201.

On August 26, 2016, at around 22:45, the Defendant driven a BM520 vehicle from around the 50-meter section of approximately 500 meters to the front road of the 1004 additional egin apartment located in the same Dong from the day before the cafeteria-si, Kimhae-si, while under the influence of alcohol by 0.123% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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

1. Selection of imprisonment with prison labor chosen;

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

- Unfavorable circumstances: The fact that the records of criminal punishment for the same kind of crime are several times including two times of suspension of execution; confessions and reflects, etc.;