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(영문) 창원지방법원 2015.06.17 2014고단3485
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 4, 2009, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court on May 4, 2009, and two million won for the same crime at the Busan District Court on April 28, 201.

around 03:55 on August 31, 2014, the Defendant driven C Coin vehicle under the influence of alcohol content of about 2 km from approximately 0.112% to 0.12% of alcohol content in the 2km section from the end of the paper 1, which is 651 way from the day before a non-cafeteria cafeteria located in the amba-dong in Kimhae-si, Kim Jong-si to the front road of the beauty room.

『2015고단275』 피고인은 2015. 1. 21. 03:35경 김해시 삼계동에 있는 ‘부엌 호프집’ 앞 도로부터 ‘이비가 짬뽕’ 앞 도로에 이르기까지 약 500m 구간에서 혈중알콜농도 0.116%의 술에 취한 상태로 C 코란도 승용차를 운전하였다.

Summary of Evidence

"2014 Highest 3485"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and circumstantial report of the drinking driver “2015 Highest 275”;

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and notification of the results of control of drinking driving" before the market;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary orders;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Articles 37 and 38 of the Criminal Act aggravated concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed again each of the instant crimes, despite the past record of being sentenced to a fine for violating the Road Traffic Act on two occasions, as stated in the facts constituting the crime in the judgment.

However, the defendant repents his wrongness.

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