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(영문) 창원지방법원 2015.12.09 2015고단2265
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 January 29, 2007, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court on January 29, 2007, and a fine of KRW 2.5 million for the same crime at the Changwon District Court on July 4, 201.

Defendant

On August 20, 2015, at around 01:20, B K5 cars were driven under the influence of alcohol of about 0.114% in the section of about 20 meters from the road front of the agricultural parking lot located in the Kim Jong-si, Kim Jong-si to the road front of the "Korean Doncheon-do" restaurant located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, notification of the completion of correction, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (report attached to judgments), application of statutes on judgment;

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. 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 again committed the instant crime despite the fact that he/she had been sentenced to a fine due to a violation of the Road Traffic Act, as stated in the facts constituting the instant crime, and that the blood alcohol concentration level at the time of driving of the instant case is high, etc., which are disadvantageous to the Defendant.

However, there are circumstances that can be considered in light of the circumstances that the defendant had been punished for the same crime since July 4, 201, that there was two children who should support the defendant alone, and that the defendant has the age, character and behavior of the defendant.

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