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(영문) 창원지방법원 밀양지원 2015.03.26 2015고단41

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on May 27, 201, and the said judgment became final and conclusive on May 27, 201, and on August 14, 2012, the same court was sentenced to eight months of imprisonment due to a violation of the Road Traffic Act (driving) in the same court on August 22, 2012, and the said judgment became final and conclusive on August 22, 2012, and the execution of the said punishment was completed on February 11, 2013, and there was ten times of punishment records for a violation of the Road Traffic

On December 4, 2014, at around 20:50, the Defendant driven C truck with a 0.126% alcohol concentration at approximately 500 meters away from a section of approximately 500 meters away from the transmission distance located in the same Eup/Myeon on the roads near the New Village of Mayang-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to a copy of judgment on the same type of punishment);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The sentence shall be imposed in light of the fact that the instant crime was committed during the period of repeated crime, the fact that the amount of drinking alcohol is high, and the fact that the vehicle was disposed of, even though there are many records of the same kind of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.