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(영문) 창원지방법원 2013.10.02 2013고단1935
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] On July 13, 2007, the defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court's branch court's branch court's order on July 13, 2007, and a summary order of KRW 2.5 million for the same crime at the Changwon District Court's branch court's order on October 6, 2008.

【Criminal Facts】

On June 24, 2013, the Defendant, while under the influence of alcohol of 0.120% of blood alcohol concentration at around 21:05, was driving a freight vehicle B in the 20km section from the front side of the Chinese house in Gangseo-gu, Busan, to the front side of the new wall market located in the Seowon-dong, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and other 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. 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 reason 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 circumstances favorable to the defendant, such as the fact that the defendant has been subject to three times punishment due to drinking driving since 2004, and the fact that the defendant repeatedly commits the same crime, despite the fact that he/she has been subject to three times punishment due to drinking driving, is against his/her mistake in depth, and that he/she is

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

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