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(영문) 창원지방법원 2016.12.16 2016고단3100
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 March 17, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Changwon District Court on July 29, 201, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the 2nd General Military Court of the Navy on July 29, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Changwon District Court on August 4, 2014, and was sentenced to a summary order of 5 million won for a violation of the Road Traffic Act at the Changwon District Court on July 4, 201.

On August 9, 2016, at around 01:45, the Defendant driven a volume B 100 meters car at around 100 meters from the street in front of the gambling room to the street in front of the private singing, while under the influence of alcohol with 0.17% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he had been sentenced to a fine due to the crime of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, and that the blood alcohol concentration at the time of driving under the influence of alcohol at the time of the instant case reaches the level of revocation of the license.

However, it is true that the defendant does not repeat the same crime again, that the driving distance at the time of driving under the influence of alcohol in this case is short, that there is no traffic accident, and that the defendant has no record of being punished by a suspended sentence or heavier.

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