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(영문) 창원지방법원 통영지원 2016.10.28 2016고단1348
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 8, 201, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on February 13, 2014, respectively.

【Criminal Facts】

Although the Defendant was punished twice or more for violating the Road Traffic Act as above, on September 7, 2016, at around 04:13, the Defendant driven a B horse in the state of alcohol alcohol concentration of approximately 0.124% in a section of about 200 meters from the front road of the ancient-dong Hyundai Motor Vehicle in the ancient city to the front road of the Cheong-dong Go-dong in the ancient city, the Defendant driven a B horse car while under the influence of alcohol concentration of about 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the blood driving control, and requests for response to blood appraisal;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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