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(영문) 창원지방법원 2016.10.07 2016고단2210
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 July 3, 2006, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act at the Ulsan District Court on July 3, 2006, and on March 12, 2010, a summary order of two million won for the same crime at the Suwon District Court on the same day.

On 24, 2016.24. 01:48, the Defendant driven a car with approximately 2 km up to 11 km in front of “CU convenience store” located in the same 14-gil, from an alcoholic house near Changwon-si's counter Yari-dong, in the influence of alcohol content 0.150% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of blood collection, a notice of the results of the control of drinking driving, and a notice of correction;

1. Requests for appraisal of blood alcohol concentration;

1. Registers of driver's licenses;

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 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime even though he had the record of being sentenced to a fine as a crime of violating the Road Traffic Act, such as the criminal facts stated in the judgment, and the fact that the blood alcohol concentration level at the time of driving the instant crime is very high, etc., which is disadvantageous to the Defendant.

However, in consideration of the favorable reasons for sentencing, such as the defendant's depth and reflects the wrongness, the fact that the defendant has no record of punishment heavier than a suspended sentence, and the age, character and conduct of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence like the order shall be imposed in accordance with Article 51 of the Criminal Act.

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