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(영문) 창원지방법원 2013.06.21 2013고단723
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 June 4, 2009, the defendant was issued a summary order of 2 million won by the Busan District Court for a violation of the Road Traffic Act (driving). On November 2, 2009, the defendant has a record of being issued a summary order of 4 million won by the same court as a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

around 01:10 on March 18, 2013, while the Defendant was under the influence of alcohol of 0.061% of blood alcohol concentration, the Defendant driven a CEX car, which is owned by the Defendant, at approximately 10km away from the 10km section around the entrance of the entrance, to the adjacent road of the Dognam-do, located in the Dognam-dong of Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

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

1. Previous convictions indicated in judgment: Application of inquiry reports and investigation reports (formers and results reports) to criminal records, etc. 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. 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 in consideration of the fact that although the defendant had had had the record of being punished twice due to drinking driving since 2009, he/she does not repeatedly be subject to the same crime, he/she reflects his/her mistake and has no record of punishment exceeding the fine, 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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