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(영문) 창원지방법원 진주지원 2013.05.14 2013고단378

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

Punishment of the crime

[criminal power] On February 5, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on February 5, 2009, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the same court on December 15, 2009.

【Criminal Facts】

On February 28, 2013, around 02:00, the Defendant driven B-low-income car under the influence of alcohol with a blood alcohol concentration of 0.120% from the front day of the mutually aesthetic packaging car in Sacheon-si to the front day of the workplace in Sacheon-si, to the workplace located in the same Sinpo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the result of crackdown on drinking driving;

1. The application of each relevant statute to inquiry, criminal records, and summary orders as a result of the crackdown on drinking driving;

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 ( normal consideration, such as the fact that there is no criminal record who has been punished by a fine or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;