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(영문) 창원지방법원 2016.07.01 2016고단618
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 10, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Changwon District Court on August 10, 2015 due to a violation of road traffic laws (drinking), and was sentenced to a fine of KRW 2 million by the same court on November 19, 2015.

On March 1, 2016, at around 03:20, the Defendant driven B-learning car under the influence of alcohol concentration of approximately 0.095% during blood from around 200 meters to the front road of Dongwon-dong Electronic Village in Kim Jong-dong, Kimhae-si.

On November 19, 2015, the Defendant received a fine of KRW 2 million from the Changwon District Court on November 19, 2015 due to a violation of Road Traffic Act (drinking), and on August 10, 2015, a fine of KRW 4 million from the Changwon District Court on August 10, 2015.

On April 8, 2016, at around 23:50, the Defendant driven a debrison vehicle with approximately 50 meters alcohol content at approximately 0.114% while under the influence of alcohol at approximately 0.114% at the end of the entrance of the Taebu Park in the same Dong-gu, Busan Metropolitan City.

Summary of Evidence

"2016 Highest 618"

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, inquiry about the results of crackdown on drinking, and response to requests for appraisal;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) 2016 order 13;

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the driver's license, and a report on the situation of the driver;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of a summary order, etc. of the same kind of force), and application of Acts and subordinate statutes reporting the previous convictions and results thereof;

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. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection observation;

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