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(영문) 창원지방법원 2016.09.30 2016고단2134
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 March 3, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Daegu District Court and its racing support, and on November 29, 2010, the Defendant was issued a summary order of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 29, 201.

On June 17, 2016, 01:22, the Defendant driven a B rocketing car with alcohol content of about 0.102% from a section of approximately 300 meters from the 111-3rd road of Changwon-si to the front road of the Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, notification of the completion of correction, report on the circumstances of the driving of alcohol, report on the situation of driving of alcohol and inquiry into the results of crackdown on the driving of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a)

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. 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime of the same kind, even though not only had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, but also had the record of being punished for a violation of road traffic laws more than twice. The Defendant again committed the instant crime of the same kind. The fact that the amount of alcohol concentration at the time of driving alcohol of the instant case is higher than the amount of alcohol concentration

However, there are favorable reasons for sentencing, such as the defendant's depth and reflects the mistake, the fact that the defendant has no record of punishment heavier than that of probation, and other conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc.

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