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(영문) 창원지방법원 2016.01.27 2015고단2697
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant was issued a summary order of two million won or more for a crime of violating road traffic laws at the Changwon District Court on December 1, 2008, and two million won or more for the same crime at the same court on August 16, 2011.

On October 7, 2015, the Defendant driven a B 2 truck at the section of about 20 kilometers from around the 20-lane to the front road of the oil station located in the Chang-gu Nowon-dong in the Changwon-dong in the Changwon-si, Changwon-si, who is under the influence of alcohol concentration of 0.079% among the blood transfusion around 03:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of suspected victims of violating the Traffic Act on the road, inquiry into the results of crackdown on the driving of alcohol, and statement of the situation of drivers who take driving on the road;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (report attaching summary written orders and reports) Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the following reasons for sentencing) is that the Defendant again committed the instant crime even though he/she had the past record of being sentenced to a fine more than twice, as stated in the facts constituting the crime in the judgment, despite having been sentenced to a fine more than twice as a crime of violating the Road Traffic Act.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects the wrong, that the defendant has no criminal record of suspension of execution or more for the same crime, and that the defendant has the criminal record of suspension of execution or more for the same crime, the age, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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