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(영문) 창원지방법원 통영지원 2016.04.21 2016고단145
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 23, 2010, the Defendant issued a summary order of KRW 200,000,000,000,000,000,000,000 in the Changwon District Court’s Tong-gu branch, for a crime of violation of road traffic laws (drinking), and for a crime of violation of road traffic laws (drinking) on April 1, 2013.

[2] On January 25, 2016, at around 22:25, the Defendant driven a Cknife car in the state of alcohol alcohol concentration of approximately 0.106% under the influence of alcohol from the 1km section from the front of the apartment to the front of the knife of the rental model located in the same Ri, as the new knife knife, which is located in the glue glue in the glue road in the front of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of drivers who take driving, the results of crackdown on drinking driving, the ledger of drivers' licenses, and the management details of reports on driving;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 Code of the Order to Attend a lecture are not well-known even though the defendant had been punished by a fine due to drinking twice since 2010, and in addition, there is no record of the crime exceeding a fine that the defendant committed the crime of this case and did not repeat again, and there is no record of the crime committed by the defendant in lieu of the crime of this case. It is so decided as per Disposition on the grounds of the above reasons, by taking into account all the sentencing conditions of the defendant, including the defendant's age, sex, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all the sentencing conditions

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