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(영문) 창원지방법원 거창지원 2017.01.25 2016고단473
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

On December 27, 2006, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution, and 5 million won of a fine at the Changwon District Court on September 11, 2008 due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Changwon District Court's branch on December 27, 2006.

On November 30, 2016, at around 15:10, the Defendant driven C Poter cargo vehicles with approximately 0.074% alcohol content over a section of approximately 1k, from the road near the Defendant’s residence in Gohap-gun B to the road near the Dongcheon-gun’s private sports center in the same military unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the offender's place and the result of regulating drinking driving;

1. Previous convictions in judgment: Investigation report (the change of the applicable provisions of the Act), investigation report (the previous and the attachment of the judgment) and the application of statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for the Reduction of Small Quantity (see, e.g., Articles 55 and 55(1)3 of the same Act (see, e.g., the very high amount of alcohol concentration among bloods at the time of driving the instant drinking, and the fact that no particular criminal record exists after 2010);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act (in light of the background of the instant crime, Defendant’s previous convictions, etc., the risk of recidivism is high, and thus, protection and observation in order to prevent the recidivism of the Defendant, to give Defendant a serious opportunity to reflect, and to order community service;

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