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(영문) 창원지방법원 2015.10.14 2015고단1747
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 September 29, 2008, the Defendant was issued a summary order of 1,50,000 won by a fine for a violation of the Road Traffic Act at the Changwon District Court on September 29, 2008, and on January 18, 201, the Defendant was issued a summary order of 2,50,000 won by the same court as the same crime.

On June 24, 2015, at around 10:50, the Defendant driven D C C C-L with a blood alcohol concentration of 0.225% under the influence of alcohol on the roads in front of C-LL center located in Jingu, Changwon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 again committed the instant crime despite the fact that the Defendant was sentenced to a fine for violating the Road Traffic Act as stated in the criminal facts in the judgment, as well as the fact that the Defendant committed the instant crime even though he had a record of being sentenced to a punishment for June 2003 for the same crime.

However, the defendant repents and reflects the wrong, the driving distance at the time of the drinking driving in this case is short, and the defendant has parked his vehicle on the road and controlled the withdrawal of the surface. However, there are other circumstances that can be taken into account even in the circumstances of driving, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, after considering the circumstances after the crime, shall be sentenced to the same punishment as the order.

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