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(영문) 창원지방법원 2013.05.28 2012고단3870
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2012 Highest 3870"

1. On December 7, 2012, at around 23:45, the Defendant driven at approximately 500 meters the B SP car from the front of a cafeteria, which is located in the scam of the window of Changwon-si, to the front of the cultural funeral in the same Gu, while under the influence of alcohol by 0.182% of the blood alcohol concentration.

2. At around 01:50 on December 8, 2012, the Defendant driven the said car to approximately six kilometers in front of the East-gu Seoul Metropolitan City in front of the street in front of the window of Changwon-si, Changwon-si, to the street in front of the East-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, in a state of alcohol of 0.194% of alcohol content.

Around 20:10 on December 23, 2012, the Defendant driven a B spectrum car to approximately 3 kilometers in front of the luxal square in front of the bron boom at the center of Sungwon-si, Sungwon-si to the front of the luxal square in the same city, under the influence of alcohol content of 0.147%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of each host driver, and reports on detection of each host driver;

1. Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Act on the Punishment of Crimes and Selection of Punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of being punished one time by a fine due to the violation of the Road Traffic Act, and that the defendant, who is under investigation due to drinking driving, drives under the influence of alcohol again, is disadvantageous to the defendant.

However, considering the fact that the defendant is in profoundly against the defendant's confession, the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.

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