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(영문) 창원지방법원 2016.10.28 2016고단2227
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant was sentenced to a fine of KRW 700,00,000 for the violation of the Road Traffic Act (driving) at the Suwon District Court on September 18, 2009; a fine of KRW 3 million for the same crime in the same court on March 12, 2010; and on April 19, 2013, the Defendant was sentenced to a suspended sentence of ten months for the same crime.

On June 10, 2016, at around 02:15, the Defendant driven a Cbee car with a blood alcohol concentration of about 0.176% at the 20m section from the Do near the Pison Pool to the above Pison 20m parking area.

On March 12, 2010, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Suwon District Court on March 12, 2010, and on April 19, 2013, the Defendant violated Article 44(1) of the Road Traffic Act, such as imprisonment for ten months with prison labor for the same crime, and a suspended sentence of two years, on two or more occasions. However, on March 26, 2016, at around 01:50, the Defendant was driving a Don-do under the influence of alcohol in the state of 0.128% of alcohol concentration at the section of approximately 20km from the section of the Busan Highway located in the Don-si, Busan Metropolitan City to the downstream road at the point of 184 km in the Gun-si, Busan Metropolitan City.

Summary of Evidence

"2016 Highest 227"

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking drivers, report on the situation of drinking drivers, inquiry into the results of the regulation of drinking driving, and notification of the completion of correction;

1. Previous records of judgment: Criminal history records, inquiry reports, and investigation reports (a copy of a summary order of the same kind of suspect's records attached);

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking drivers, report on the situation of drinking drivers, inquiry into the results of the regulation of drinking driving, and notification of the completion of correction;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order of the same kind of suspect's power attached);

1. Each corresponding provision of the Road Traffic Act concerning the facts constituting the crime; and

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