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(영문) 창원지방법원 통영지원 2016.11.28 2016고단1474
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court’s through the Changwon District Court, on December 4, 2009, a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) from the Changwon District Court’s through through the Changwon District Court, and on March 9, 2012, a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) from the Changwon District Court’s through the Changwon District Court’s through the Changwon District Court’s through the Changwon District Court.

Criminal facts

Although the Defendant was punished twice or more due to the violation of the Road Traffic Act (driving) as above, on September 21, 2016, at around 20:40, the Defendant driven a vehicle with a gallon C gallon in about about 150 meters from the front of the Gu 150-meter road to the front of the Gu gallon road located on the gallon in the Gu gallon road, while under the influence of alcohol concentration of 0.092% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state of standing, and report on the state of drinking driving;

1. Details of inquiries about management of reports on the detection of hosts;

1. Application of statutes concerning criminal records and a copy of each summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even though the defendant had been prior and four times due to the reason of sentencing under Article 62-2 of the Criminal Act, the defendant, instead of preventing the crime of this case, should not violate his mistake and repeat the crime. In addition, the defendant's age, occupation, character and conduct, family relation, circumstances leading to the crime of this case and circumstances before and after the crime of this case, etc., shall be determined as above on the grounds that the punishment is determined by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the punishment

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