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(영문) 창원지방법원 통영지원 2015.05.21 2015고단333
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2007, the defendant was sentenced to a summary order of one million won as a crime of violation of the Road Traffic Act in the Busan District Court on February 28, 2007, and on May 31, 2007, the defendant was sentenced to imprisonment for the same crime in the same court on May 31, 2007, and was sentenced to a total of three times punishment due to drinking driving.

On March 16, 2015, the Defendant, who had been punished for drunk driving twice or more as above, driven C Leba in a drunken state with a blood alcohol concentration of about 0.153% from the 2km section of approximately 2km to the front road of the Gambadong in the Gapo-dong, Gapo-dong on the same day from March 16, 2015, around 18:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Previouss before and after judgments: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records);

1. Relevant 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 for discretionary mitigation (the fact that a person repents and reflects his misunderstanding, the fact that a person is going not to drive under the influence of alcohol in the future, and other consideration such as family relationship, etc.);

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

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