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(영문) 창원지방법원 2016.02.17 2015고단1739
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 April 21, 2008, the Defendant issued, at the Changwon District Court, a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and on November 25, 2013, a summary order of KRW 1,50,000 as a fine for the same crime at the same court.

On June 7, 2015, the Defendant driven BM5 vehicle under the influence of alcohol content of about 1km from around the front of the main apartment neighboring convenience store located in Kimhae-si, Kimhae-si to the roads adjacent to the same Kundong-dong in the same Kundong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. On the road traffic law violations (driving of alcohol), reporting on detection of suspected persons, notification of the results of crackdown on driving of alcohol, statement report on the circumstances of the driver driving of alcohol, and inquiry into the results of crackdown on driving of alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime, despite the fact that the Defendant had been sentenced to a fine on more than two occasions due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, despite the fact that the Defendant had been sentenced to a fine on more than two occasions due to a violation of road traffic laws.

However, the defendant repents and reflects his mistake, and the amount of alcohol concentration in blood at the time of driving of this case is limited to the level of suspension of license, the defendant has no criminal record of suspension of execution or more, the defendant's age, sex, motive, means and consequence of the crime, and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be sentenced to the same punishment as the order.

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