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(영문) 창원지방법원 마산지원 2013.12.17 2013고단622
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 December 10, 2007, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on April 4, 201 to a fine for the same crime, etc.

On July 4, 2013, at around 23:20, the Defendant driven a BP car while under the influence of alcohol with approximately 500 meters alcohol concentration 0.279% from the 50-meter section of alcohol to the computer, from the front side of a local duct cafeteria cafeteria located in the Haan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hanam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection results of the crackdown on drunk driving, report on the circumstances of drunk driving, report on the detection of drunk drivers, written measurement of drunk drivers and report on the circumstances of drunk drivers;

1. Previous records before ruling: Criminal records, etc., inquiry reports, previous records of dispositions, and reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

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;

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture had a history of punishment four times for drunk driving (one time to suspend the execution of sentence, three times of fines), and that the defendant's blood alcohol concentration is very high, etc., a punishment as ordered shall be determined by taking into account the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, and environment, although the nature of the crime of this case is not good.

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