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(영문) 창원지방법원 2016.04.26 2016고단410
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On June 10, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act, and three years of suspended execution, which became final and conclusive on June 18, 2014, and is currently in the grace period. On October 31, 2008, the above court received a summary order of 5 million won as a crime of violating the Road Traffic Act. On January 18, 2008, the above court was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act and 2 years of suspended execution.

On July 14, 2015, at around 01:45, the Defendant driven a B rocketing car with a alcohol content of approximately 0.114% while under the influence of alcohol from around 3km section of approximately 0.114 meters from the day before the restaurant, which he does not know the trade name in the Guhae-si, Kimhae-si, to the front road of the Guwon Friwon Heung-dong, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (attaching sentence, etc.);

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

- Unfavorable circumstances: the fact that there is a high history of criminal punishment for the same kind of crime, the fact that the crime was committed during the period of probation due to the same kind of crime, etc. - Other favorable circumstances: the confession and reflect, etc. - Other circumstances under which the

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