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(영문) 창원지방법원 2013.12.10 2013고단2076
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 June 25, 2013, at around 23:34, the Defendant driven the B 3 truck under the influence of alcohol content of about 300 meters from a section of approximately 300 meters to the roads adjacent to the Haninain apartment, which is located in the window of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 149-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant, on September 26, 201, had a record of having been issued a summary order of a fine of two million won due to drinking driving on September 26, 2011, repeating drinking driving in this case, high drinking level, and caused traffic accidents due to drinking driving in this case, etc.

However, the punishment shall be determined as per the disposition, in consideration of the fact that the defendant has recognized a mistake and reflects it, and that there is no criminal record exceeding the fine, etc.

In addition, an order to attend a lecture is added to encourage the eradication of drinking driving.

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