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(영문) 창원지방법원 진주지원 2016.11.30 2016고단878
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

On June 10, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch, and on April 8, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

On August 19, 2016, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a BM5 motor vehicle under the influence of alcohol content of approximately 0.061% at a section of approximately 500 meters from the Do in front of the Do in the lower-dong of Jinju-si to the front side of the Dong-dong located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstance of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (a) Acts and subordinate statutes;

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. In light of the fact that the defendant committed the crime of this case even though he had the record of punishment for drinking driving twice, the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture does not correspond to the punishment of this case. However, the fact that the defendant reflects his criminal act, the fact that the defendant has no criminal record other than the fine, etc. shall be considered as favorable to the defendant, and the punishment of this case shall be determined as ordered by taking into account the circumstances favorable to the defendant, such as the age and character of the

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