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(영문) 창원지방법원 마산지원 2014.05.27 2013고단698
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

On February 16, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on October 18, 2010.

On August 5, 2013, at around 22:49, the Defendant driven a C Trate with blood alcohol content of about 4 km from the front of the international apartment located in the Yongsan-gu, Changwon-si, Seocho-gu, Busan Metropolitan City, to the front road of the Korea Filient Republic of Korea located in the same pyro-dong, the Defendant was under the influence of alcohol of about 0.219%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was already punished several times due to drunk driving, but again, he/she is punished by imprisonment in consideration of the fact that the defendant was detained in the instant case, and thus his/her mistake is divided in depth, and thus he/she is not required to repeat drinking driving in the future. The defendant has no record of punishment exceeding the fine, and the defendant has no record of punishment in excess of the fine, and the punishment is determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, etc.

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