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(영문) 창원지방법원 진주지원 2015.08.26 2015고단504
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 28, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act, etc. at the Jinwon District Court's Jinwon Branch's branch on January 28, 201. On May 17, 2011, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

On April 20, 2015, at around 05:10, the Defendant: (a) extracted from the front of the Ginadong apartment to the front of the traffic in front of the traffic in the same city-dong from approximately 2km to the traffic in front of the traffic in front of the traffic in the same city-dong, and driven a vehicle under the influence of alcohol of about 0.15% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking alcohol driving, report on the detection of drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of written judgments;

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. In light of the fact that the Defendant committed the instant crime in spite of the fact that the reason for sentencing under Article 62(1) of the Criminal Act was subject to punishment twice due to drinking driving, and that the Defendant’s drinking water is considerable, the Defendant’s liability for the crime is not easy.

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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