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(영문) 창원지방법원 2013.06.25 2013고단476

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

On March 22, 2010, the Defendant was sentenced to a fine of 1.5 million won by the Changwon District Court for a violation of the Road Traffic Act, and was sentenced to a fine of 2.5 million won by the same court on February 23, 2007.

On January 5, 2013, the Defendant, at around 21:00, driven a 30-meter Bab Babex car from the 303rd street of Changwon-si to the next road of the map square located in the same Dong around the 303rd street of Changwon-si, in the state of the drinking alcohol concentration of 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of an employee;

1. Previous records of judgment: Criminal records, etc., and the application of Acts and subordinate statutes of an investigation report (attached documents, such as an inquiry report on the same case as a suspect);

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act has a record of being sentenced to a fine twice due to the violation of the Road Traffic Act, the defendant must be punished strictly.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.