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(영문) 창원지방법원 2016.02.03 2015고단2996
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, the Defendant driven B Poter truck under the influence of alcohol content of about 0.088% in a section of approximately 500 meters in 19:22:40 on the road in front of the Korean bank located in Jin-gu, Jin-si, Jin-si, Kim Young-si, and also in front of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (driving in violation of road traffic laws), notification of the results of crackdown on drinking driving, a written statement of the situation of the driver in charge of driving, and notification of the completion of correction;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant again commits the instant crime even though he/she had the record of having been sentenced to a suspended sentence once due to a crime of violating the Road Traffic Act (driving under influence of alcohol), and that he/she was under the influence of alcohol at the time of driving under the influence of alcohol.

Also, it is difficult to find out the circumstances that are disadvantageous to the defendant.

However, the defendant repents and reflects his wrong, the amount of alcohol concentration in blood at the time of driving of the instant case remains at the level of license suspension, and the crime of violating road traffic laws (driving under drinking) after May 11, 2009 has no means of punishment, and the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the sentencing conditions stipulated in Article 51 of the Criminal Act.

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