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(영문) 창원지방법원 2016.03.25 2015고단3314
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2007, the Defendant received a summary order of a fine of 1.5 million won from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on March 8, 2010, the Defendant received a summary order of a fine of 3 million won from the same court on March 8, 2010.

On December 05, 2015, the Defendant driven B Poter Cargo with approximately 30 meters alcohol content 0.108% while under the influence of alcohol from the 30-meter section from the front road of the Gyeongnam-gu, Changnam-gu, Changwon-si to the front road of the cU Jindo, the Cheongdo-si, the Simwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 even though he/she had the record of being sentenced to a fine due to a violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, there is no record of punishment after March 8, 2010, and the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime.

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