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(영문) 창원지방법원 통영지원 2014.08.27 2014고단531
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On July 20, 2010, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on July 20, 201, and on February 10, 201, from the Changwon District Court's Kinwon Branch, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 12, 2014, at around 23:28, the Defendant driven a B-car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.105% from the front of the livestock cooperative, which is located in the ancient city of Gyeongnam on June 12, 2014, to the front road of the Chungcheong Gyeong-dong located in the Chungcheongnam-dong of Gyeongnam City of Gyeongnam on June 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Division: Management, inquiry, and statement of the main entry report, criminal history records, and application of two Acts and subordinate statutes of the judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, is that the defendant needs to strictly punish the defendant by repeating the same criminal records, even though the same criminal records are several times.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, means of crime, circumstance after the crime, etc., should be determined by taking into account the following factors: (a) the Defendant’s confession of the crime of this case and reflects the depth thereof; and (b) the punishment as ordered shall be determined.

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