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(영문) 창원지방법원 진주지원 2013.09.10 2013고단831
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

[criminal power] On July 6, 2005, the defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on September 27, 2007, a fine of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Jinju branch on September 20, 2007, and a fine of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on July 20, 209.

【Criminal Facts】

On June 20, 2013, at around 22:25, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.10% at a section of approximately 100 meters from a 100-meter radius of blood alcohol content to the front road of the maintenance plant of a girpted vehicle located in the Haju-dong, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. Application of criminal records and summary order under each Act 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that there is no record of being punished by a fine or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;

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