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(영문) 창원지방법원 거창지원 2016.06.01 2016고단97
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued, on May 7, 2010, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 23, 2010, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 12, 2012, respectively.

【Defendant Inasmuch as there was a record of being punished for the crime of violating the Road Traffic Act at least twice as seen above, Defendant 2 driven BN model under the influence of alcohol content of approximately 0.136% in the section of approximately 200 meters from the 200 meters away from the road front of the Gohap-gun, Gohap-gun, Gohap-gun to the Gohap-gun road located in the same Eup/Myeon on April 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions of the same kind due to drinking or unlicensed driving, and the fact that the defendant's blood alcohol concentration is very high at the time of driving of the instant drinking, etc. are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant reflects on his criminal act, that there is no criminal record more than a suspended sentence, and that the vehicle used for drinking is disposed of.

In each of the above circumstances, circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, sex, occupation and environment, and the background of each of the crimes in this case.

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