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(영문) 창원지방법원 진주지원 2016.06.01 2016고단193
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On July 28, 2011, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) at the Changwon District Court's Jinju branch on July 28, 201, and on October 12, 201, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of road traffic law (drinking driving) at the same court on October 8, 201, and on October 8, 2013, the Defendant was issued a summary order of KRW 5,00,000 as a fine for a violation of the

On February 18, 2016, the Defendant, while under the influence of alcohol content of approximately 0.082% among blood transfusions, driven approximately 20 kilometers from the front of the Defendant’s house located in Gpoter, Gyeongnam Cheong-gun C, Gyeong-si, Jinju to the southwest of Jinju located in 989 as Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, and applying Acts and subordinate statutes of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been subject to punishment three times due to drinking driving, and that the defendant's drinking values are not significant, the criminal liability of the defendant is not weak, but the defendant's punishment is determined as ordered by taking into account the circumstances favorable to the defendant, such as the fact that the defendant reflects his/her criminal act, the fact that the defendant has no criminal history other than the fine, and the defendant has no criminal history other than the fine, etc., and other various sentencing conditions as shown in the records

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