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(영문) 창원지방법원 마산지원 2013.12.17 2013고단643

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 became final and conclusive.

Reasons

Punishment of the crime

On January 7, 2008, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 2.5 million on July 25, 201.

On July 15, 2013, at around 21:55, the Defendant driven Bone Star Cargo in the state of alcohol alcohol concentration of approximately 700 meters from the front of the port and the front of the road in the Seocho-si, Changwon-si, Changwon-si to the front road of the third public parking lot located in the same Seodaemun-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a report on the circumstances of a drinking practice;

1. Previous records of judgment: A inquiry report, such as criminal records, pre-dispositions, results of confirmation, reports, investigation reports (Attachment of the same type of judgment), and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Although the nature of the crime is not good in light of the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act had the record of being punished twice due to drunk driving, and that the defendant's blood alcohol concentration is high, the punishment as ordered shall be determined by taking into account the following factors: the defendant's mistake is against his/her own mistake; the defendant's age, character and behavior, health condition, environment, etc.; the defendant's age, character and behavior, health condition, etc. are not caused; and