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(영문) 창원지방법원 2016.08.23 2016고단1888
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On January 12, 2009, the Defendant was sentenced to a fine of three million won for a violation of road traffic laws at the Changwon District Court on January 12, 2009, and a fine of four months for a violation of road traffic laws at the same court on January 17, 2013.

On June 14, 2016, the Defendant driven B cargo while under the influence of alcohol content of about 0.149% from a portion of approximately 1 kilometer to the roads in front of the Jeju-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, the Changwon-si around 02:0.00, the Defendant driven B cargo while under the influence of alcohol content of about 0.149%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of judgment, etc.);

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. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: The fact that the record of criminal punishment for the same kind of crime has been included twice a sentence, and that the period of repeated crime due to the same kind of crime has not elapsed since the end of the period of repeated crime due to the same crime, etc. - Other favorable circumstances: The confession and reflect, etc. - Other circumstances under which the defendant is faced.

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