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(영문) 창원지방법원 2015.11.25 2015고단2364
도로교통법위반(음주운전)등
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

On July 28, 2015, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on July 28, 2015, and was punished for drinking driving two times.

On August 13, 2015, the Defendant driven a BM3 car equivalent to approximately 100 meters in front of the 11st apartment site located in the Kimhae-si, Kimhae-si, while under the influence of alcohol alcohol level of 0.113%, even though the driving license was suspended on August 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (a copy of summary order of the same kind of power);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime under the same type of without a license even though he/she had the record of being sentenced to a fine two times due to a violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, and that the blood alcohol concentration level at the time of driving under the influence of alcohol in this case is high

However, there are two children who should support the defendant, because the defendant is divided in depth and reflects the wrong, that the defendants' family members and company members want to support the defendant's wife, and that there are two children.

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