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(영문) 창원지방법원 2014.03.11 2013고단3575
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 6, 2013, at around 00:05, the Defendant driven D truck at a section of about 100 meters at the road located in Kimhae-dong, while under the influence of alcohol content 0.145%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 148-2 (2) 2 of the option of criminal facts;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62-2 (1) of the Criminal Act to attend lectures;

4. Article 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation (the applicant for compensation is not the victim, and it is not reasonable to issue an order for compensation in criminal proceedings) that has been punished several times due to drinking driving on the ground of sentencing, the responsibility for such crime is not somewhat weak.

However, it shall be considered in favor of the fact that there is no previous conviction exceeding a fine for about 20 years, and the punishment as ordered shall be determined in consideration of the overall circumstances that form the conditions for sentencing, such as the character, conduct and environment of the defendant.

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