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(영문) 창원지방법원 밀양지원 2017.04.27 2016고단739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

[criminal history] On October 16, 2009, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act on August 1, 201.

[2] On December 8, 2016, around 20:35, the Defendant driven a B-learning car under the influence of alcohol with approximately 300 meters alcohol concentration 0.096% from the 300m section to the “unfit’s dental” road located in the Hannam-Eup, Hayang-si, Hayang-si, the fishery backline of the fishery located in the Hannam-Eup, Hayang-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the fact that the defendant has been punished several times for the same kind of crime, and the sentencing conditions indicated in the record, such as the age, environment, motive, means and consequence of the crime, etc., shall be determined as the order.

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