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(영문) 창원지방법원 2015.07.08 2015고단693
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On February 22, 2015, the Defendant, at around 21:50 on February 22, 2015, driven a B-H car under the influence of alcohol content of approximately 0.190% in the section of about 500 meters from the front side of the Dongdong Apartment Apartment apartment in the Chang-gu, Changwon-gu, Changwon-si, to the home-pluging road located in the same Gu.

2. On March 1, 2015, the Defendant was issued a summary order of 700,000 won for the crime of violating the Road Traffic Act at the Changwon District Court on September 13, 2010, and the Defendant was under the control of drinking on February 22, 2015, as described in the foregoing paragraph (1).

On March 1, 2015, at around 14:15, the Defendant driven a C (before alteration: B) Abcom motor vehicle with a blood alcohol content of about 0.144% from the section of about 20 K mp to the front road of the entrance of the Solarcons located in the Jinhae-gu, Changwon-si, Jinwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Crime listed in paragraph (1) of the judgment: Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and notification of the completion of correction;

1. Crime listed in paragraph (2) of the judgment: Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, court rulings (2010 high rankings No. 17251) and application of statutes;

1. Relevant laws concerning criminal facts on February 22, 2015: Article 1482-2 (2) 2, Article 44 (1) of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act on March 1, 2015: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act.

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