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(영문) 창원지방법원 밀양지원 2013.11.07 2013고단493

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 is a person who has been sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in Changwon District Court's smuggling on September 6, 201, and a fine of 2.5 million won for a violation of the Road Traffic Act in the same court on October 27, 2011.

Criminal facts

On August 15, 2013, at around 17:35, the Defendant driven B Mt Motor Vehicle under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.157% from the front of the claim apartment in Syang-si, Suyang-si to the front road of the Ttyang-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the influence of alcohol, as a person who violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;