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(영문) 창원지방법원 2016.06.02 2016고단836
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

Criminal facts

On January 31, 201, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 31, 201, and on July 5, 2012, the Defendant was sentenced to imprisonment for six months and a suspended sentence of two years for a crime of violating the Road Traffic Act.

On March 13, 2016, the Defendant driven a B rocketing vehicle under the influence of alcohol content of approximately 0.072% from the 500m section of alcohol to the Do square in the same Do square, from the Hart parking lot located in the direction of the window in Changwon-si, Changwon-si to the Do square in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. A comprehensive consideration of the following factors: (a) details and distance of the driving of drinking alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) degree of drinking alcohol; and (c) criminal records and rebuttals; and (d) a sentence as ordered

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