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(영문) 창원지방법원 거창지원 2013.07.31 2013고단171
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

[Attachment 171] On August 27, 2010, the Defendant was issued a summary order of KRW 3.5 million with fines of KRW 4.5 million with the same offense, etc. in the Changwon District Court's Seoul District Court's Seoul District Court's branch on August 27, 2010, and on November 26, 2010, a summary order of KRW 4.5 million with the same offense, etc.

On June 6, 2013, at around 00:20, the Defendant driven C Poter truck with a alcohol level of about 1.5 km from the front road of the “Gine frequency house” located in a part of the Gancheon-gun, Gancheon-gun to the front road of the strong village located in the same side of the road.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven a motor vehicle under the influence of alcohol.

【On July 3, 2013, at around 19:40 on July 3, 2013, the Defendant driven the Poter Cargo with approximately KRW 0.235% alcohol concentration on a section 200 meters from the roads of the two-round two-way office located in Pyeongtaek-gu, Yangcheon-gun to the roads in front of the two-round rith elementary school located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each of the regulations on drinking driving;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on June 6, 2013), Article 148-2 (2) 1, and Article 44 (1) of the same Act (the point of driving under the influence of alcohol on July 3, 2013) concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the fact that the accused has no criminal record of probation or heavier for each of the crimes in this case before the crime in this case, and that the accused can maintain his livelihood with which he shall work in the deaf period);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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