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(영문) 창원지방법원 2015.07.22 2015고단814
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

On May 16, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court on May 16, 201, and was sentenced to a fine of one million and five hundred thousand won for the same crime in the same court on January 19, 2012.

On April 2, 2015, at around 03:30, the Defendant driven a car with CWnchidon in a state of alcohol alcohol concentration of about 0.073% from the 3km section of approximately 3km to the roads of Kimhae-dong located in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A previous conviction: An inquiry report, the ordinary records of disposition, the results of confirmation, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 committed the instant crime even though he/she had been sentenced two times to a fine for the same kind of crime as stated in the criminal facts, and the Defendant caused a traffic accident involving the centralized separation zone due to driving under the influence of alcohol in this case, etc., which is disadvantageous to the Defendant.

However, the defendant repents and reflects his mistake, the blood alcohol concentration at the time of driving under the influence of alcohol in this case is not high, the defendant has two children who must support the defendant, and other punishment like the order, taking into account the defendant's age, character and conduct, motive, means and result of the crime, circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act, shall be sentenced in the same way as the order.

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