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(영문) 창원지방법원 밀양지원 2016.06.16 2016고단130
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

Punishment of the crime

On August 21, 2009, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the Changwon District Court's smuggling support on August 21, 2009. On December 14, 2011, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime in the same court on December 14, 201, and the same record is more than six times.

On April 3, 2016, the Defendant: (a) driven B Mtez vehicles in the state of alcohol alcohol concentration of about 80 meters from the road in front of the Nau cafeteria cafeteria located in the academic community of Nam-gun, Nam-gun, Chungcheongnam-do to the road 1073 in front of the same Eup/Myeon 1073.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the distance and alcohol level of the defendant's driving, the defendant's protection observation and community service order together with the suspension of the execution of imprisonment with prison labor, as well as the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as ordered in consideration of the sentencing conditions shown in the arguments of this case.

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