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(영문) 창원지방법원 2016.02.03 2015고단723
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 22, 2007, the Defendant received a summary order of KRW 500,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on March 21, 201, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On March 24, 2015, at around 01:40, the Defendant driven a eM5 car in the state of alcohol alcohol content of approximately 0.103% from the 2km section from the front line of Dju located in Kimhae-si, Kim Jong-si to the Dong-dong road in the same Dong-dong, Dong-dong, Dong-dong to the Dong-dong road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he had been sentenced to a fine twice for the same crime as indicated in the facts constituting the crime in the judgment, and considering the fact that the amount of alcohol concentration in the blood during driving of the instant drinking is high at the time of driving of the instant drinking, the Defendant shall be strictly punished.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, motive, means and consequence, etc., shall be determined as follows: Provided, That the punishment shall be determined as ordered in consideration of the fact that the defendant's mistake is divided and reflected; that the defendant has no record of criminal punishment heavier than that of the suspension of execution; and

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