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(영문) 창원지방법원 마산지원 2013.09.17 2013고단239
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 record] On August 25, 201, the Defendant received a summary order of KRW 2 million for a fine of KRW 1.5 million from the Changwon District Court on March 16, 2009 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime at the Changwon District Court on March 16, 2009.

[Criminal Facts] Around 01:50 on February 21, 2013, the Defendant driven a car in B B T-gu at a section of about 2 km from the underground parking lot to the front road of the Jinsung oil station located in the same Eup/Myeon located in Changwon-si, Changwon-si, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was punished twice as a fine for drunk driving, he again commits the crime of this case, and that the defendant's blood alcohol concentration is high, etc., although it is not good to commit the crime, the punishment as ordered shall be determined by taking into account the fact that the defendant was committed at the time of committing the crime, the fact that there is no criminal record other than the criminal record, the fact that there is no criminal record other than the criminal record, and other sentencing

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