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(영문) 창원지방법원 2013.08.13 2013고단961
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2008, the defendant was sentenced to a fine of three million won by the Changwon District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and on April 13, 2009, the defendant was issued a summary order of two million won by the same court on April 13, 2009.

On April 9, 2013, at around 21:40, the Defendant, while under the influence of alcohol of 0.161%, was driving approximately two kilometers on the roads adjacent to the upper west Elementary School located in the window of Changwon-si, and under the influence of alcohol of 0.161%, he was driving approximately two kilometers on the roads adjacent to the upper west Elementary School located in the same mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (former records and reports on attachment of judgment) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 on the suspension of execution (it shall be considered that there is no past record of the punishment for the criminal defendant for the same criminal record, and that the criminal defendant is against his/her gender);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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