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(영문) 창원지방법원 2017.06.21 2017고단1233
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal History] Violation of the Traffic Act (Drinking 2015): A fine of one million won for a violation of the Road Traffic Act (Drinking 2016): the case of imprisonment with prison labor for a fine of two million won: the judgment on the violation of the Traffic Act (drinking 2016): the judgment on December 23, 2016: the lapse of six months of imprisonment with prison labor and two years of suspended execution: the final judgment on December 31, 2016 / [criminal] the Defendant was under the influence of 0.119% alcohol while he/she was under the influence of alcohol during blood, and on April 14, 2017, the Dok-dong, Kimhae-dong, Kimhae-dong, about 300 meters at the section of the Pak underground parking lot of the Pakdong 300 meters.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence of one year sentenced to an aggravated sentence of imprisonment with prison labor for a period of time (where the sentencing criteria are not set) under Articles 53 and 55 (1) 3 of the Criminal Act: The grounds for an aggravated sentence of six months: Confession of recidivism (the same type) during the period of suspension of execution, measures not taken after the occurrence of a damage accident, measures not taken after the occurrence of a damage, and measures not taken at the market and accumulated matters: Confession, an accident in the course of parking directly after a substitute driving,

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