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(영문) 창원지방법원 거창지원 2012.11.14 2012고단406
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 15:00 on August 15, 2012, the Defendant driven C dump truck from the front side of the water zone located in the Yellow-gun, Chungcheongnam-gun, Chungcheongnam-do to the front side of the water zone located in Yellow-do to the flap truck on the road located in the flag of the same Gun, where the Defendant was under the influence of alcohol of 0.03%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. The reason for sentencing of Article 148-2(2)3 and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (Optional to Imprisonment) is that the defendant led to the confession of the crime of this case, and his mistake is divided, and that two children and wife have to support are favorable circumstances.

However, in light of the fact that the defendant had been sentenced twice to a punishment for the same crime, even though he had been sentenced twice, it has not yet passed since the period of probation has been terminated, and that not only the defendant committed the crime in this case, but also there have been no extenuating circumstances in terms of the motive or circumstance of the crime, the defendant is sentenced to a punishment at once in the same time.

Other punishment identical to the order shall be determined in consideration of the age, character and conduct, health conditions, the degree of exploitation, and all the sentencing conditions shown in the pleadings of this case, such as the circumstances after the crime.

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