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(영문) 창원지방법원 통영지원 2015.05.27 2015고단135
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

Criminal facts

On October 19, 2011, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Gangnam Branch Branch of the Chuncheon District Court, and a summary order of KRW 6 million for a fine of KRW 1 million for the same crime from the Changwon District Court’s territorial branch on January 13, 2012, respectively.

On February 2, 2015, at around 23:00, the Defendant driven a Grand Corresponding car, while under the influence of alcohol with Donlllllll nier’s blood alcohol concentration of about 0.123% from the road before Donllll knish, which was located in the ludic ludic lux, in

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Previous convictions in judgment: References to criminal records, investigation reports, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence against the defendant shall be imposed in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's blood alcohol concentration, the background of regulating the occurrence of traffic accidents, the criminal records of the same kind are repeated, confession and reflect, the defendant's age, character and conduct, environment and circumstances after the crime, etc., and the order to attend lectures shall be added due to reflective and sexual reflection.

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