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(영문) 창원지방법원 진주지원 2015.11.27 2015고단975
도로교통법위반(음주운전)
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 May 7, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and on August 8, 2008, a summary order of KRW 3,00,000,000 as a fine for the same crime was issued in the Changwon District Court’s territorial branch support.

On September 11, 2015, at around 02:10, the Defendant driven BM3 car in the state of alcohol alcohol concentration of approximately 0.262% from the 1km section from the front of the same-sex road in the Gangnam-dong of Jinju to the front of the Central Square in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drivers, reports on the results of the control of driving, and reports on the status of driving drivers, and reports on the status of standing drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime in spite of the fact that the defendant had been punished twice due to drinking driving, the defendant's blood alcohol concentration is very high, and the defendant caused a traffic accident due to drinking driving of the instant case, etc., the defendant's responsibility for the crime is not exceptionally applied.

However, the fact that the defendant reflects his/her crime, the defendant's ability to punish drunk driving for about seven years has passed, and that there is no penalty force other than the fine, etc. other than the defendant, etc. shall be considered as favorable to the defendant, and the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the records and arguments of this case, such as the age and character of the defendant.

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