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(영문) 창원지방법원 2015.07.08 2015고단680
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 March 26, 2007, the defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Busan District Court on March 26, 2007, and a summary order of 2.5 million won or more for the same crime at the same court on June 8, 2009.

On February 6, 2015, around 07:43, the Defendant driven a B-wing truck under the influence of alcohol content of 0.064% at a section of approximately 100 meters from the 100-meter radius to the front road of the same reserve forces from the 12-5 Yisi-ro, Jin-si, Changwon-si, Changwon-si, 217, ELri-si, 12-5.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for the suspended sentence of punishment under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had been sentenced to a fine for the violation of the Road Traffic Act on two occasions as well as the record of having been sentenced to a fine for the violation of the Road Traffic Act on two occasions, as stated in the criminal facts, even though he/she had committed the instant crime, which is disadvantageous to the Defendant.

However, the defendant's mistake is divided and reflected, the blood alcohol concentration level is not high at the time of driving under the influence of alcohol in this case, the defendant has no record of being sentenced to a suspended sentence or more, the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be considered and sentenced to the same punishment as the order in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.

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