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(영문) 창원지방법원 진주지원 2013.12.19 2013고단1210
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 January 20, 2003, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on January 20, 200, and a summary order of KRW 3 million for the same crime, etc. in the same court on January 28, 2004, respectively. On October 7, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On November 2, 2009, the Defendant issued a summary order of KRW 2.5 million for the same crime at the same court on November 2, 2009.

【Criminal Facts】

On September 16, 2013, at around 00:57, the Defendant driven a B low-speed car with approximately 0.221% of alcohol content at approximately 2km from the front of the main road in which it is impossible to identify the trade name near the KT&G located in the Pyeongtaek-dong, Jinju-si, to the front of the river in the same Si network border zone.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on detection of each host driver;

1. Requests for appraisal;

1. Criminal records, each summary order, and application of statutes governing judgment;

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 ( normal consideration, such as the fact that he/she has no record of being punished by a fine or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;

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