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(영문) 창원지방법원 마산지원 2014.07.22 2014고단23
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 March 16, 2007, issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, to a fine of KRW 1 million, a summary order of KRW 2 million for the same crime in the same court on April 12, 2010, and a summary order of KRW 3 million for the same crime on June 7, 201, from the Changwon District Court's Musan Branch, to a fine of KRW 3 million for a violation of the Road Traffic Act, respectively.

At around 20:50 on November 28, 2013, the Defendant driven C1 ton truck in the section of approximately 3 km from the Korea-U.S. Masan-si Masan-si Masan-dong to the 111th front parking lot of the same Gu-Eup, the Defendant was under the influence of alcohol with a blood alcohol content of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (attached to previous records and copies of summary orders);

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was already punished several times due to drunk driving, but again, he/she again leads to the crime of this case, taking into account the fact that the defendant is able to repent his/her mistake in depth and not to repeat drinking driving in the future, that the defendant has no criminal record of punishment exceeding the fine, and that there is no other criminal record on the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the punishment as set forth in the order shall be determined as ordered

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