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(영문) 창원지방법원 통영지원 2016.07.07 2016고단464
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On March 8, 2010, the Defendant was subject to a disposition of a fine of KRW 2 million in the Changwon support in the Changwon support due to a violation of the Road Traffic Act (drinking) on March 8, 2010, and a fine of KRW 4 million in the Changwon support due to a violation of the Road Traffic Act (drinking) on December 9, 2010.

Although the Defendant had a record of driving alcohol twice or more, on March 26, 2016, the Defendant driven C-Motor vehicle volume under the influence of alcohol content 0.11% while under the influence of alcohol content 0.11% from March 26, 2016 to the roads in front of the gold gas station located in the same Si-dong and Dong at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, sex, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc. are considered and the punishment is determined as ordered for the reason that the defendant was sentenced to a fine for drinking driving three times, and the defendant does not repeat the crime of this case. In addition, the defendant's age, sex, family relation, motive and circumstance of the crime of this case, etc. is considered and determined as above.

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