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(영문) 창원지방법원 통영지원 2016.04.07 2016고단115

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2011, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, a fine of KRW 2.5 million due to a violation of the Road Traffic Act at the Daegu District Court on June 30, 201, and a fine of KRW 6 million due to a violation of the Road Traffic Act at the Daegu District Court on September 5, 201.

Even if the Defendant was punished twice or more for violating the Road Traffic Act (drinking) as above, on February 1, 2016, the Defendant driven a C Span-type car with approximately KRW 500 meters in a section C in the direction of 500 meters from the road in front of the ASpo-dong forest in the ASpo-dong in the state of drinking alcohol level 0.092% while under the influence of alcohol during the influence of around 23:38 on February 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the surrounding circumstances;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's prior conviction and three times prior convictions of the same kind of fine and, in addition, the defendant's inevitable sentence of imprisonment is to reflect his/her mistake and not repeat his/her offense. In addition, the defendant's age, sexual conduct, family relationship, circumstances leading to the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the records and changes theory are considered, and the sentence is determined as above.