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(영문) 창원지방법원 2013.09.04 2013고단1712
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 6, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on July 6, 2009, and on November 28, 2011, the same court issued a summary order of KRW 3 million for the same crime.

【Criminal Facts】

On May 30, 2013, at around 23:51, the Defendant driven a road in the Gurururan-dong Kim Jong-si in the state of alcohol 0.16% under the influence of alcohol content.

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, inquiry reports, investigation reports (reports attached to the previous records and summary orders);

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 reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be determined by taking into consideration the fact that the defendant, who had been punished twice due to drinking driving since 2009, is not less than those of the same crime repeatedly, but is against his mistake, 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.

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