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(영문) 창원지방법원 2013.04.26 2013고단546

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

[Criminal Power] On July 23, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 23, 2007, and a person who was sentenced to a fine of KRW 2 million for the same crime at the Seoul Central District Court on September 17, 2008.

【Criminal Facts】

On January 31, 2013, the Defendant driven around 0.105% of alcohol concentration in blood, at around 21:30, the Defendant was under the influence of alcohol at around 0.105%, and the Defendant was driving at approximately 100 meters of the passenger car in the front side of the Southern Sea Highway Round located in the same Ri from the street lag in the city of Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of inquiry reports and investigation reports (report attached to judgments) and statutes, including criminal records;

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. Where the reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend Education has been punished for drunk driving in 2007 and 2008, and the same crime has been repeated, the punishment shall be determined by taking into consideration the favorable circumstances, such as the defendant's acknowledgement of the crime, the fact that the defendant is against the defendant, the fact that he is under the restraint of drinking driving, the fact that he has no criminal record exceeding the fine, etc.

It is so decided as per Disposition for the above reasons.