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(영문) 창원지방법원 밀양지원 2013.08.01 2013고단295
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 of the final judgment.

Reasons

Punishment of the crime

Criminal power is a person who has been sentenced to a fine of KRW 700,000 on September 3, 2009 to a violation of the Road Traffic Act in the Changwon District Court's smuggling support on September 3, 2009, and a fine of KRW 1.5 million on January 6, 2012 to a fine in the Busan District Court for the same crime.

Criminal facts

On April 30, 2013, at around 22:15, the Defendant driven a bcoon in the state of alcohol 0.075% of blood alcohol content at approximately 700 meters from the Red Sccoon restaurant located in Pyang-si, Samyang-si to the transmission station located in the same Dong to the side of the substation located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of the summary order of the same criminal records) 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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