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(영문) 창원지방법원 2015.12.16 2015고단2617
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 July 11, 2011, the Defendant was sentenced to a fine of three million won in violation of the Road Traffic Act at the Changwon District Court on July 1, 201, and was sentenced to a fine of three million won after June 1, 2006.

On August 6, 2015, at around 14:45, the Defendant driven a 2 kilometer B M& car from the 14 main apartment complex of the monthly mountain village in 81-14, Kimhae-si, Kimhae-si, to the Switzerland located at the same speed-dong in the same city, while drunk alcohol concentration of 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (a copy of the same summary order attached) and 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 (hereinafter referred to as the “Chambling”), despite the fact that the Defendant had been sentenced to a fine for the crime of violating the Road Traffic Act on two occasions, the Defendant again committed the instant crime. The fact that the blood alcohol concentration level at the time of driving of the instant case is high is the reason for the 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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