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(영문) 창원지방법원 2016.09.02 2016고단1540
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2007, the defendant issued a summary order of 700,000 won by the same court as a fine for a violation of the Road Traffic Act (driving) and on December 28, 2009 by the same court on December 3, 200, as a fine for a violation of the Road Traffic Act (driving).

At around 19:00 on April 27, 2016, the Defendant driven a vehicle with approximately 1.5km D1 ton in front of the suspect's house located in the middle-gu Gyeongdong in Changwon-si, Jinwon-si, and around 0.093 percent of alcohol concentration in the blood alcohol concentration.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, notification on the results of the drinking driving control, report on the state of drinking drivers, and notification of the completion of correction;

1. Previous convictions indicated in the judgment: Criminal history records, probationary records (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to criminal investigation reports (attached to the same criminal records and summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime of violation of the Road Traffic Act, committed again the crime of this case even though he had been sentenced to a fine or a suspended sentence on several occasions, as well as the records of the crime of violation of the Road Traffic Act, and committed again the crime of this case. The fact that the blood alcohol concentration level was relatively high at the time of driving under the influence of alcohol in this case is the

However, the defendant has been punished for the same crime since December 28, 2009.

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