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(영문) 창원지방법원 2016.01.27 2015고단2823

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2012, the Defendant was issued a fine of KRW 4.5 million by the Changwon District Court for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million by the same court on September 7, 2015, respectively.

On August 26, 2015, at around 00:50 on August 26, 2015, the Defendant driven a B-gu car under the influence of alcohol concentration of 0.073% in blood in the section of approximately 0.073 meters in the Guro-gu, Changwon-si, Seoul, one of the agricultural cooperatives in the Guro-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a driver, a written measurement of the driver's drinking, a report on the results of regulating the driving of drinking and a report on the circumstances of the driver's drinking;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (reports on previous convictions in disposition and results of confirmation), application of Acts and subordinate statutes to report on investigation (Attachment to a summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the following reasons for sentencing) is that the Defendant again committed the instant crime despite the fact that he/she was sentenced to a fine as a crime of violating the Road Traffic Act, as stated in the facts constituting the crime, is a reason for sentencing unfavorable to the Defendant.

However, the fact that the defendant repents and reflects the mistake, the place where the drinking driving of this case is located in the Roman parking lot, and the defendant was driven upon the request of the staff for the proper parking of the vehicle while waiting for the substitute driver. There are circumstances to consider in the situation where the driver was under the influence of alcohol. There are no criminal records above the suspended sentence, the defendant's age, sex, motive, means and consequence of the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc.