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(영문) 창원지방법원 진주지원 2017.02.15 2016고단1246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 29, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving), etc. in the Changwon District Court's Jinju branch, and on July 14, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving) from the Changwon District Court's Jin branch.

On November 10, 2016, the Defendant driven a B SP car under the influence of alcohol leveling 0.192% from approximately 50 meters from the 50-meter section of alcohol level to the G front road, in front of the PPP residing in the PP PP, PP, PP, PP, PP, PP, and PP, in the state of alcohol leveling 0.192%.

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations at least twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of the driver at the main place of business, a report on the circumstances of the driver at the main place of business, and an appraisal report on alcohol concentration in blood;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, (A) and of a summary order;

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. In light of the fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the record that the defendant was punished twice due to drinking alcohol driving, the defendant committed the crime of drinking alcohol driving in this case even though he had the record of being sentenced to a suspended sentence due to the crime such as refusing to take a drinking test, the defendant's drinking level is considerably high, and the defendant committed the crime of violating the Industrial Safety and Health Act on June 16, 2015, and the defendant was sentenced to a suspended sentence of 2 years for a period of imprisonment of 8 months on June 23, 2016, which became final and conclusive and conclusive on June 23, 2016, and committed the crime in this case even during the suspended sentence period, the defendant's strict punishment is inevitable.

However, the fact that the defendant reflects his criminal act, and that there is no record of punishment for the defendant, etc. are considered as favorable circumstances for the defendant, and the records of this case and the changes of the defendant, such as age and sexual behaviors, are shown.

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