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(영문) 창원지방법원 통영지원 2016.11.03 2016고단1241
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch on the same support on June 24, 2016 and by a summary order of 3 million won for the same crime, respectively, on at least two occasions. However, on August 11, 2016, the Defendant driven a BEFn vehicle owned by her husband, under the influence of alcohol concentration from the public parking lot of Gowon-dong at the same time to the 1k-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-owned-do-type

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Registers of driver's licenses and details of suspension of drivers;

1. Application of Acts and subordinate statutes attached to criminal records, copies of the same summary order, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In addition, even though the previous conviction of a fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act was two times, the defendant, who committed the instant crime, committed the instant crime, should not be sentenced to the punishment by taking into account the defendant's age, occupation, character and conduct, family relation, circumstances leading to the instant crime, etc., and circumstances before and after the instant crime, etc., as stated in Article 51 of the Criminal Act.

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