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(영문) 창원지방법원 진주지원 2016.08.30 2016고단664
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 20, 2007, the Defendant was issued a summary order of a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju Branch on July 20, 207, and on February 14, 2008, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court on November 23, 2010, and the Defendant was issued a summary order of KRW 2 million for the same crime at the same court on November 23, 201, and on August 10, 201, the same court was sentenced to imprisonment with labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger), a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving).

On June 21, 2016, the Defendant, while under the influence of alcohol content of approximately 0.150 percent among blood transfusions, driven a vehicle of approximately 500 meters at a distance of about 500 meters to the front road located in E in the same city on the front of the house of the D defendant in Scheon-si, Sacheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol among bloods;

1. Previous convictions: Inquiry about criminal history, application of the same summary order and written judgment Acts and subordinate statutes;

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

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. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

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