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(영문) 창원지방법원 2013.10.30 2013고단2109
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 6, 2013, from around 02:00 to around 02:20 of the same day, the Defendant driven B rocketing car at the section of about 10km from around 02:0 to around 02:20% of alcohol content, and up to 156km away from the section of approximately 10km to the point where the Busan Sea Highway located in the Busan Metropolitan City Busan Metropolitan City, which is located in the Busan Metropolitan City, on the roads near the Gangseo-gu ICT.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Even when considering the facts that the defendant's mistake is recognized and the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the favorable circumstances among the reasons for sentencing below) is against the defendant, and the fact that the situation of drinking driving is at the same time, etc., the defendant has been punished five times or more due to drinking driving since 200, and in particular, the defendant has been sentenced two years to a suspended sentence of one year due to drinking driving, etc. on July 2007, even though he was sentenced to a suspended sentence of one year due to drinking driving, etc., and the drinking driving on the expressway has a higher risk of large-scale accidents than the general road, so it is inevitable to sentence a considerable sentence for a period of time.

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

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