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(영문) 창원지방법원 2013.10.02 2013고단1978

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] The defendant was sentenced to a fine of KRW 3 million at the Changwon District Court on December 6, 2010, and a fine of KRW 2 million at the Changwon District Court on September 8, 2008 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 6, 2013, at around 22:10, the Defendant driven a vehicle B in the section of approximately approximately 50 meters from the parking lot of the Changwon-si, Changwon-si to the front road of the said Domna apartment with approximately 0.213 percent alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture, even though the defendant had been 4 times or more or more punished due to drinking driving since 2000, repeated the same crime, and the liability for such crime is not less severe because of high drinking level, but it is against his mistake in light of the circumstances of drinking driving, etc.

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.