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(영문) 창원지방법원 2015.12.16 2015고단2613
도로교통법위반(음주운전)
Text

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

On August 30, 2015, at around 01:00, the Defendant driven a car with approximately 5 meters B options at the front of the convenience store located near the west of the Jinhae-gu, Jinhae-gu, Changwon-gu, Changwon-gu, Jinwon-si, in a state of alcohol of 0.327% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of the detection of a host driver, the report on the statement of the status of a host driver, and the completion of correction;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 again committed the instant crime despite the fact that he/she had been sentenced three times to a fine for violating the Road Traffic Act, and the fact that the blood alcohol concentration level at the time of driving of the instant case is very high, etc. are the reason for sentencing unfavorable to the Defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects his mistake, that the defendant has no criminal record of a stay of execution or more, and that the defendant has the criminal record of a stay of execution or more, the age and character of the defendant, motives, means and results of the crime, and the circumstances after the crime, etc.

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