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(영문) 창원지방법원 통영지원 2016.08.18 2016고단798
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On August 10, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws at the Changwon District Court's Tongwon District Court's branch on August 10, 2006. On October 12, 2006, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws (drinking) at the Changwon District Court's branch court's branch court.

[Criminal facts] On June 18, 2016, the Defendant driven a C-owned car under the influence of alcohol content of about 0.117% from the 15km section to the 15km road, where the main body located in the same Dong-dong from the front of the building at the Gao-dong in the Gao-dong-si, Gao-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking drivers, statement of the circumstances of drinking drivers, and report on the situations of driving on drinking;

1. Application of each summary order, copy of judgment, and inquiry of criminal history-related Acts and subordinate statutes;

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. Although there were two previous convictions due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the defendant, in light of the defendant's age, occupation, sex, sex, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., was determined as above on the grounds that he was sentenced to punishment by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, sex, family relation, circumstances leading to the crime of this case, etc.

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