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(영문) 창원지방법원 2014.02.11 2013고단2213
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 2 million at the Changwon District Court on April 6, 2007 due to a violation of the Road Traffic Act (driving) by a fine of KRW 2 million, and on January 9, 2012, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court Branch on March 9, 201, and a person who violated Article 44(1) of the Road Traffic Act at least twice.

On June 24, 2013, at around 00:01, the Defendant driven B knife vehicle within the two kilometers of approximately two kilometers from the day front of the mutually infinite restaurant located in the window finite in Changwon-si, Changwon-si to the Donsan plaza located in the same Dondong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the results of the control of drinking driving;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (reports accompanied by a copy of summary order);

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The case where the accused, who has been punished twice due to drinking driving for the reason of sentencing under Article 62-2 (1) of the Criminal Act, is also driving under the influence of alcohol, and the punishment for such crime is not less severe.

However, the punishment shall be determined as ordered in consideration of the fact that the mistake is recognized, the fact that there is no criminal record exceeding the fine, etc., and the fact that there is no criminal record, etc., and considering all other circumstances which form the conditions for sentencing, such as character, conduct

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