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(영문) 창원지방법원 2014.03.04 2013고단3238
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 4, 2010, at around 01:55, the Defendant driven B multilateral-line cargo vehicles from approximately 100 meters to the front road of “Saardog” located in the same Dong, from the front road of “Nan Infrastructure Person” in the Chang-gu, Chang-si, in a state of alcohol of 0.197% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010);

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

3. The Defendant, who had been punished for driving under drinking alcohol for the reason of sentencing under Article 62-2(1) of the Criminal Act, also driven under drinking alcohol again while the investigation is underway due to the crackdown on driving under influence of alcohol immediately before. Since the level of drinking alcohol in this case is high, the Defendant’s liability for such crime is not weak.

However, it shall be considered in favor of the fact that there is no previous conviction exceeding a fine for about 20 years, and the punishment as ordered shall be determined in consideration of the overall circumstances that form the conditions for sentencing, such as the character, conduct and environment of the defendant.

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