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(영문) 창원지방법원 통영지원 2015.07.16 2015고단504
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2001, the Defendant was issued a summary order of KRW 2.5 million from the Changwon District Court’s branch on July 31, 2001 to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on September 1, 2005, to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 21, 2006, to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on March 2, 201, to a fine of KRW 5 million from the Changwon District Court’s branch on March 2, 201.

On April 16, 2015, at around 20:10, the Defendant driven a 30-meter distance from the front of the maintenance station located in the Tong Young-si bus terminal located in the Tong Young-si bus terminal at the time of through which the Defendant was under the influence of alcohol by 0.123% of blood alcohol concentration, to the front of the station located in the above Tong Young-si terminal.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and Acts and subordinate statutes (former records and binding of summary orders);

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

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

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as indicated in the records and arguments of this case, including the defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentence shall be determined as ordered.

The favorable circumstances: The fact that one's mistake is divided and reflected, that one's own mistake is expected not to drive under the influence of alcohol in the future, that one's driving in a bus terminal is likely to be mistaken and operated under the influence of alcohol: The fact that one's driving under the influence of alcohol has the power to be punished twice due to driving under the influence of alcohol, etc.

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