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(영문) 창원지방법원 진주지원 2015.10.28 2015고단792
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 22, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on May 2, 2009, and a summary order of KRW 1.5 million for the same crime in the same court on April 17, 2014.

On August 10, 2015, at around 03:30, the Defendant driven C truck under the influence of alcohol of about 700 meters from the 700-meter section of blood alcohol content to the Handong Apartment apartment road located in the same Dong around Sacheon-si Line.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of a drinking driver's standing statement, the report on the state of a drinking driving, and the inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to two years of probation and probation, 80 hours of community service, and 40 hours of attending the compliance driving course in October on or around May 2014, and the judgment was finalized around that time, committed the instant crime during the suspension period, the Defendant was punished twice for drunk driving, and the Defendant’s blood alcohol concentration is significant. In light of the above, it is inevitable to punish the Defendant significantly.

However, the fact that the defendant reflects his/her criminal act, the fact that the defendant has no criminal records of punishment, etc. shall be considered as favorable to the defendant, and the punishment shall be determined as ordered in consideration of the age, character and conduct of the defendant and other various sentencing conditions shown in the records and arguments of this case.

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