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(영문) 창원지방법원 밀양지원 2013.10.24 2013고단287

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 of the final judgment.

Reasons

Punishment of the crime

On October 9, 2006, the defendant was sentenced to a summary order of 500,000 won for a crime of violating the Road Traffic Act in the Changwon District Court's Smuggling support on October 9, 2006, and on November 28, 201, the above court violated the prohibition of drinking driving by receiving a summary order of 1 million won for a crime of violating the Road Traffic Act.

Criminal facts

On 25, 2013. 21:25, the Defendant driven B Poter-II cargo while under the influence of alcohol content of 0.061% at a section of about 3 kilometers of Geum-dong, Geum-dong, Busan from the Busan Shipping Daegu return Do, to the Geum-dong.

Therefore, even though the Defendant violated the prohibition of drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previouss before ruling: Criminal records, references to each disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;