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(영문) 창원지방법원 진주지원 2015.01.28 2014고단1065
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

The Defendant, at the Changwon District Court on September 24, 2009, sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and on December 22, 2010, issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 22, 2010 and violated Article 44(1) of the Road Traffic Act at least twice.

On October 12, 2014, while under the influence of alcohol on 0.222% of the blood alcohol concentration, the Defendant driven a vehicle B with two km in the section of about 10km from the front side of Pyeongtaek-ri, which is located in Pyeongtaek-dong, Haak-dong, Haak-dong, Haak-dong, Sinnam-gun, to the front side of the other Dog-dong, Haak-dong, Han-dong, Hannam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Response to the request for appraisal;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (reports on the same type of power judgment and summary order attached);

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

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant has been punished three times (one time a suspended sentence of imprisonment and two times a fine) due to drinking or non-licensed driving, and the blood alcohol content of the defendant is high by 0.22%, but the defendant is a person with a disability of Grade III in the case where the defendant is committed; the defendant's character, conduct and environment; the defendant's character, conduct and consequence of the crime of this case; the circumstances after the crime of this case and the conditions of the punishment as shown in the oral argument are considered.

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