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(영문) 창원지방법원 마산지원 2014.03.25 2013고단907
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

The defendant, at the Changwon District Court on November 2, 2006, sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act, etc., and on April 13, 2009, at the same court, issued a summary order of 1.5 million won for the crimes of violation of the Road Traffic Act.

On October 16, 2013, at around 00:25, the Defendant driven a bppon car at the section of approximately 500 meters away from the front of the 3-public parking lot located in the same Dong-dong in Changwon-si, Changwon-si, under the influence of alcohol content of 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about reports on the state of drinking drivers, and the results of the control of drinking driving;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment to previous records, written judgments, etc.);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of serving multiple punishments due to drinking driving, choice of imprisonment is made by taking into account the fact that he/she committed the instant crime. The fact that the defendant repents his/her mistake and does not cause any traffic accident, and the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., shall be determined by taking into account the sentencing conditions indicated in the records

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