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(영문) 창원지방법원 2016.06.30 2016고단1231
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On April 21, 2008, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act at the Changwon District Court on April 21, 2008, a fine of two million won due to a violation of the Road Traffic Act at the Busan District Court on June 23, 2008, a fine of two million won due to a violation of the Road Traffic Act at the Changwon District Court on October 24, 2008, and a violation of the Road Traffic Act at the Changwon District Court on October 24, 2008. The Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act at the same court on May 30, 201, a fine of three million won due to a violation of the Road Traffic Act at the Busan District Court on October 25, 2011.

On April 29, 2016, at around 02:10, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.129% from the 100-distance section to the front and front road of the Matern in the same dong-dong, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Inquiries about criminal history and the application of Acts and subordinate statutes concerning investigation reports (same convictions);

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

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: The fact that the record of criminal punishment for the same kind of crime is several times, including two times of suspension of execution; - Other circumstances that make a confession and reflect, etc.; the circumstances in which the defendant is faced;

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