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(영문) 창원지방법원 2015.11.20 2015고단2244

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. At around 15:40 on July 23, 2015, the Defendant driven B truck under the influence of alcohol content of about 1 0.302% from the 1km section from the front of Stata, Jin-si, Jin-si, Kim Young-si, to the front of the Geumsan Oil Station located in the same Eup/Myeon, the Defendant driven B truck under the influence of alcohol content of about 1km.

2. On July 24, 2015, at around 17:20 on July 24, 2015, the Defendant driven the above cargo while under the influence of alcohol of about 500 meters from a section of approximately 500 meters of blood alcohol content to the front of the military police box located in the same Ri, Jin-si, Jin-si, Jin-si, Jin-si, Kim Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each report on the statement of the state of drinking drivers, the results of the control of drinking driving, and the report on the state of drinking drivers;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Articles 37 and 38 of the Criminal Act aggravated concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed an act of driving under the influence of alcohol, as stated in the facts constituting a crime, while drunkly, as stated in the facts constituting a crime. However, the Defendant’s mistake was divided and reflected. In the case of driving under the influence of alcohol on July 24, 2015, it was controlled that the Defendant confirmed the fact of driving under the influence of alcohol on the day immediately before the preceding day, and went to the police box. The Defendant did not have any force of punishment except the punishment sentenced for the same crime on July 201, 201, the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances before and after the crime, etc., and the sentence is to be determined as per the order, taking into account the following two factors, which are the conditions for the sentencing specified in the records of this case.