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(영문) 창원지방법원 마산지원 2014.05.20 2013고단955
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

On October 24, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million, and a fine of KRW 4 million from the Changwon District Court to the same crime on November 19, 2012, and two times of punishment.

On July 12, 2013, at around 00:30, the Defendant driven a B knife car with a blood alcohol content of about 0.159% from the 15km section to the Masan-dong, Changwon-si's Masan-dong, Changwon-si, from the front side of the Jin FC company located in the Jinwon-si Kimhae-si, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting of the circumstances of driving under the influence of alcohol, reporting of circumstantial statements, and inquiry into the results of regulating drinking;

1. Previous records: Application of criminal records and other inquiries and other 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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been already punished several times due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant committed the crime of this case again. The defendant's mistake is divided and disposes of the vehicle, etc., and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances of sentencing as indicated in the records shall be considered and determined as ordered.

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