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(영문) 창원지방법원 2016.11.25 2016고단2847
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 August 10, 2006, the defendant was sentenced to a summary order of one million won as a crime of violation of the Road Traffic Act in the Busan District Court's branch court's order on August 10, 2006. On March 3, 2008, the defendant was sentenced to a summary order of two million won as a crime of violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Busan District Court's summary order on July 29, 2016.

Around 00:00 on August 13, 2016, the Defendant driven a B low-est car at the 150m section from the front day of the restaurant for “Nancheon-gu, Jin-si” in the Jin-gu, Jin-si, Kim Jong-si, to the front day of the bank located in the same Ri, while under the influence of alcohol at 0.06% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (a summary order, etc.);

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 Defendant, on the ground of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she was sentenced to a fine for the same kind of crime more than once, not only three times, but also one more times, as stated in the facts constituting the crime in the judgment, and the fact that the blood alcohol concentration at the time of driving under the influence of alcohol in this case is relatively high is the reason for sentencing unfavorable to the Defendant.

However, the defendant is going not to drive under the influence of alcohol again in the future, the traffic accident is not caused due to the driving under the influence of alcohol in this case, the defendant has no record of being punished by the suspension of execution or above, and the defendant's rock and the defendant's rock.

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