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(영문) 창원지방법원 통영지원 2016.02.18 2015고단1100
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2007, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court on April 3, 2007, and a fine of KRW 2 million by the same court on April 28, 201 due to a violation of the Road Traffic Act.

1. On August 17, 2015, at around 02:10, the Defendant driven another person’s BS 7 car under the influence of alcohol leveling 0.159% from the 1km section from the day front of the mutual French singing single, which is located in the optotype of the optical map, to the front day of the Mat, located in the same Ri.

2. On September 16, 2015, the Defendant driven BS 7 automobiles under the influence of alcohol leveling to 0.060% of alcohol leveling from approximately 1km to around the same 541 Myeono-ro, a mutual influent restaurant located in the Dong-ri, Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, to the front road of the same Myeono-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a report on detection of drivers;

1. Previous records: Application of a reply to inquiry, each investigation report (report on the previous records and results of confirmation of the previous records of the disposition, report attached to the same kind of power);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following circumstances:

The favorable circumstances: The fact that one's mistake is divided and reflected, and that he does not drive drinking in the future.

A normal situation that is disadvantageous: A person who has a record of being punished for drinking, such as a person who has a previous record of imprisonment without prison labor or more: A person who has driven two times within the short term.

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