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(영문) 창원지방법원 통영지원 2015.08.19 2015고단281
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

Criminal facts

On April 5, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong branch on April 5, 201, and on March 22, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong branch branch on March 22, 201, and was sentenced to a fine of KRW 2 million on the same kind of fine records.

Criminal facts

On December 29, 2014, the Defendant, while under the influence of alcohol of approximately 0.093% of blood alcohol concentration, driven a rocketing car owned by the Defendant from the front day of the crypoid, in the center of the 264 Epip, Sinnam-do to the front day of the cryp car located in the vicinity.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Written estimate and written agreement;

1. Photographs;

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

1. Relevant laws concerning 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. The sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, the degree and distance of driving, the occurrence of traffic accidents, the records of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally considered and the sentence against the Defendant is set and the order to provide community service and attend lectures is added with reflect and reflect

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