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(영문) 창원지방법원 진주지원 2013.11.12 2013고단1013
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 October 23, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on October 23, 2007, and KRW 1.5 million as a fine in the same court on November 10, 201.

【Criminal Facts】

On August 14, 2013, at around 01:00, the Defendant driven a B rocketing car equivalent to 1.5km in front of the Han River located in Jinju-dong at Jinju-si, in the state of alcohol of 0.103% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. Application of criminal records and summary order under each Act 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 ( normal consideration, such as the fact that he/she has no record of being punished by a fine or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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