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(영문) 창원지방법원 진주지원 2016.06.29 2016고단319
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 11, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving), and on April 2, 2008, the same court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving), and on November 16, 2010, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving), and on December 8, 2010, issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving).

On March 19, 2016, at around 00:35, the Defendant driven a B lux car owned by the Defendant’s husband in the section of approximately 300 meters from the fluoral fluoral fluoral fluor, in the middle of the same opening to the road before the frequency of sewage, in a state of alcohol alcohol concentration of 0.085%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial statement of the driver involved in driving, reports on the detection of the driver involved in driving, and the results of crackdown on the driving of drinking (case of crackdown March 19, 2016);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), Acts and subordinate statutes governing the same type of criminal history and filing of summary orders;

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. In light of the fact that the Defendant committed the instant crime even though he had been subject to four times punishment due to drinking driving, and that the Defendant’s drinking volume was considerable, etc., the Defendant’s criminal liability was not less than that of his crime, but the Defendant’s drinking driving record was less than five years, and the Defendant’s drinking driving record was more than that of his own crime, and there was no penalty other than the fine, etc., the Defendant’s favorable circumstances and other records, such as the Defendant’s age, sexual behavior, etc.

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