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(영문) 창원지방법원 진주지원 2016.02.19 2015고단1237
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 12, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and a summary order of KRW 2.5 million for the same crime in the same court on October 14, 2010.

On November 22, 2015, under the influence of alcohol content of 00:05, the Defendant driven C Poter in the section of about 50 meters from the front side of the middle church in the Scheon-si River to the front side of the Scheon-si River 96, while under the influence of alcohol content of 0.176% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case, even though the defendant had been punished four times due to drinking driving, repeated driving of drinking of this case, and the defendant's drinking volume is considerable, the defendant's criminal liability is not minor, but the defendant's criminal act is against himself, the defendant's ability to drive drinking of this case has been over five years, and the defendant has no record of punishment other than the fine, and the defendant has no record of punishment other than the fine, etc., the punishment is determined as ordered by taking account of the circumstances favorable to the defendant, and other various sentencing conditions as shown in the records and arguments of this case, such as age

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