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(영문) 창원지방법원 통영지원 2016.10.13 2016고단809
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 July 23, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with the same court on September 15, 201 with the same crime in the Changwon District Court’s territorial support on July 23, 201, and the same criminal records have three times the same criminal records.

Criminal facts

On June 14, 2016, at around 01:30, the Defendant driven a car on the Cco-line under the influence of alcohol 0.088% from the 1km section to the luxury road located in the same city-wide-dong from the luxury bus terminal near the ancient city bus terminal, which is located in the same city-wide-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Application of a copy of each statute of summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the defendant had been sentenced to a fine due to the reasons for sentencing under Article 62-2 of the Criminal Act and two times, the defendant's age, occupation, character and conduct, family relationship, circumstances leading to the crime of this case, etc., and circumstances before and after the crime of this case, etc., was determined as above on the grounds that the punishment is determined in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, character and conduct, family relationship, etc.

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