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(영문) 창원지방법원 2017.06.14 2017고단703
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal History] The previous history of crime, such as a violation of the Traffic Act (Drinking in 2008): Imprisonment with prison labor for April 18, 201, and for a violation of the Road Traffic Act (Drinking in 2012): The case in which a fine of KRW 5 million was imposed on October 22, 2015: imprisonment with prison labor for two years/ suspended execution: the case in which the crime was committed on October 30, 2015; the defendant was under the influence of alcohol concentration of KRW 0.175%; on February 18, 2017, the defendant was subject to punishment for two or more cars by driving a mixed car from approximately 20 meters in front of the road 20 meters in front of the Chang River at Changwon-si, Seoul Special Metropolitan City on February 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries about criminal history;

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

1. The sentence of imprisonment with prison labor for one year and six months: The punishment imposed under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of imprisonment with prison labor for the former period: The degree of alcohol during the period of high blood transfusion, recidivism during the period of suspension of execution, implementation of the obligations to observe in good faith during the period of suspension of execution, accumulated previous convictions in the same kind of punishment (=the period once the suspended sentence is held and three times when the person drives the same kind of fine is sentenced) and other grounds for mitigation: Confession, family members (the number of minor children and two children, etc.);

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