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(영문) 창원지방법원 밀양지원 2016.07.07 2016고단206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On November 24, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the Changwon District Court's smuggling support on November 24, 2010, and a fine of KRW 1.5 million for the same crime in the same court on February 21, 2014.

On April 21, 2016, while under the influence of alcohol 0.108% among the blood transfusions, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the blood alcohol level is not high, the defendant is also sentenced to protection observation and community service order along with the suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case and the punishment is determined as ordered.

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