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(영문) 창원지방법원 2013.07.05 2013고단960

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 18, 201, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on April 18, 201, and a summary order of KRW 1.5 million for the same crime at the same court on April 9, 2012.

【Criminal Facts】

On April 5, 2013, at around 01:35, the Defendant driven B car from the section of approximately 1 km to the front of the Go Village Large Apartment, which was located in the Ganhae-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, G in the same Ri, while under the influence of alcohol by 0.10% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (former records and attachment reports of summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be prescribed by taking into consideration the following: although the defendant had a record of two times of punishment due to drinking driving, the punishment is not less and less than the same crime is repeated, but there is no record of punishment exceeding the fine.

In addition, probation and lecture order is added in order to encourage the eradication of drinking driving.

It is so decided as per Disposition for the above reasons.