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(영문) 창원지방법원 밀양지원 2014.10.10 2014고단283

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

The Defendant was sentenced to a fine of KRW 700,000 on March 8, 2001 to a violation of the Road Traffic Act (driving) in Changwon District Court was sentenced to a fine of KRW 1 million on November 13, 200, a fine of KRW 1 million on the same offense in the same court on November 13, 200, and a fine of KRW 4 million on June 24, 201 in the same court on the same offense.

On July 22, 2014, at around 20:50, the Defendant driven a C Ⅱ truck with a blood alcohol concentration of about 0.052% from the 4km section from the Defendant’s residence in Syang-si B to the west-Eup fishery Seo-ri Intersection at Syang-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. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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. 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;