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(영문) 창원지방법원 통영지원 2016.04.29 2016고단226
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On May 31, 201, the Defendant was punished five times for the same offense by a fine of 1.5 million won for a violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch on May 31, 201, a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on June 1, 201, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court on July 13, 2011.

[Criminal facts] "2016 Highest 226

1. Although the Defendant was punished twice or more for violating the Road Traffic Act (drinking), on February 28, 2016, at around 04:41, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.057% of alcohol level from around 5km to the roads near the Southern-gu Yellow-dong, Busan Metropolitan City, to the roads near the Southern-gu, Chungcheongnam-gu, Busan Metropolitan City, while under the influence of alcohol level from around 0.057%.

"2016 Highest 354"

2. Although the Defendant was punished twice or more as a violation of the Road Traffic Act (drinking), on March 28, 2016, the Defendant 1 driven C low alcohol while under the influence of alcohol content of about 0.096% in the section of about 100 meters, from the front of the parking lot in the news convalescent hospital to the front of the bus stop in the news convalescent hospital, which is located in 3554, a 3554 in the south of the 3554, a macrodoced on March 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a report on detection of a driver engaged in driving and the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history, investigation report (verification of the same record of the suspect), and application of a copy of each summary order by Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201>

1. An order to attend a course is issued on the grounds of not less than Article 62-2 of the Criminal Act;

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