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(영문) 창원지방법원 2016.08.23 2016고단1878
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 23, 2007, the Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act at the Busan District Court on July 1, 2009, to a fine of one year, three years of suspended execution, and seven million won of a fine at the Changwon District Court on September 3, 2010 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on July 1, 2009.

On June 5, 2016, the Defendant driven a 2km vehicle at approximately 2 km section from the offline parking lot of the fatherwon-dong in Kimhae-si, Kimhae-si, to the front road of the Gsung kindergarten, while under the influence of alcohol content of 0.140% during blood transfusion at around 23:50%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (referring to the same type of judgment and a copy of a summary order);

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 there are several times of criminal punishment for the same kind of crime, including one time of sentence, one time of suspended sentence, and the fact that the period of repeated crime due to the same kind of crime has not elapsed since the end of the period of repeated crime due to the same crime, etc. - Other favorable circumstances such as confession and reflect: the circumstances under which the defendant is faced.

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