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(영문) 창원지방법원 통영지원 2016.09.02 2016고단979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On June 30, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on June 30, 2009, and on January 28, 2013, the Defendant was sentenced to six months of imprisonment for the same crime, etc. at the same court, and completed the execution of the sentence on July 30, 2013.

【Criminal Facts】

On June 30, 2016, at around 21:53, the Defendant driven B vehicles under the influence of alcohol concentration of about 0.143% at the section of about 5 km from the 21:53 macro-si to the roads in front of the ASEAN treatment steering line for the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions: References to criminal records, investigation reports (verification of the date of release from court and attachment of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Although the nature of the crime is not good in light of Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1)2 of the same Act) and Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act (Article 53 and

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