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(영문) 창원지방법원 2016.06.24 2016고단813
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2008, the Defendant was sentenced to a summary order of a fine of five million won for a violation of road traffic laws at the Changwon District Court on January 25, 2008, and on July 9, 201, the above court was sentenced to imprisonment for 6 months or 2 years under the suspension of execution due to a violation of road traffic laws.

On March 5, 2016, at around 03:30 on March 5, 2016, the Defendant driven a C-p lele typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver of a drinking alcohol, notification of the results of regulating the driving of drinking, inquiry of the results of crackdown on the driving of drinking, and written request for appraisal of alcohol concentration during blood;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only a person who has been sentenced to a fine or a suspended sentence due to a violation of road traffic law, such as criminal facts stated in the judgment, but also a person who has been sentenced to a fine or a suspended sentence for a crime of the same kind of crime on three occasions, and again commits the instant crime despite the fact that the Defendant again committed the instant crime, and the fact that the amount of alcohol concentration in blood at the time of driving the instant drinking is very high is the reasons for sentencing unfavorable to the Defendant.

However, the fact that the defendant reflects his mistake and again does not drive drinking again, and the defendant has no record of being punished for the same crime in the last five years.

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