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(영문) 창원지방법원 통영지원 2015.08.11 2015고단217
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 2, 2001, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court. On May 17, 2006, the Defendant was sentenced to nine months of imprisonment with prison labor for the same crime, etc. at the Daegu District Court’s Daegu District Court on May 17, 2006. On June 5, 2009, the Daegu District Court issued a summary order of KRW 2 million due to the same crime, etc., and on August 18, 201, the Defendant was sentenced to a suspended sentence of eight years of imprisonment with prison labor for the same crime, etc.

【Criminal Facts】

Although the Defendant had been punished several times for a violation of the Road Traffic Act as above, at around 1:55 on February 23, 2015, the Defendant driven a chip, which is under the influence of 0.114% of blood alcohol level from approximately 50 meters at a distance of 50 meters to the front day of the knive-dong knive-dong, a knive-dong, a knive-dong, in front of the knive-dong, a knive-dong, in a knive-dong, a knive-dong,

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previouss: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects the fact that there is no record of punishment for the same crime since 2011; the fact that there is no record of punishment for the same crime; and the fact that the risk of operation of

1. Article 62 (1) of the Criminal Act;

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

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