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(영문) 창원지방법원 거창지원 2016.10.05 2016고단294
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2012, the Defendant is a person who had the record of being punished for drinking driving two times or more by receiving a summary order of a fine of KRW 3 million from the Changwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on March 24, 2016 by receiving a summary order of KRW 3 million from the same crime.

On August 12, 2016, at around 20:35, the Defendant driven a b-wing truck under the influence of alcohol content of 0.092% at a section of about 20km in front of the same military franc village located in the same military franc village located in the front of the franc village located in the franc village located in the same military franc village as the Defendant was under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence of imprisonment and the fact that a vehicle used to commit the instant crime is disposed of);

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

1. Article 62-2 of the Criminal Act regarding orders to provide community service or attend lectures (a supplementary order to prevent recidivism of the accused and to provide the accused with an opportunity to reflect his/her injury);

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