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(영문) 창원지방법원 마산지원 2013.12.17 2013고단420
도로교통법위반(음주운전)등
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 March 22, 2010, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on December 6, 2010, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act.

On June 7, 2013, the Defendant, without obtaining a driver’s license at around 0:15, driven B Poter in the state of alcohol alcohol concentration of approximately 0.112% from a 1km section to a mountain station in the front of the mountain Poter located in the mountain Haan-gun, Haan-gun, Busan, the Republic of Korea, the Republic of Korea, at around 20:15, drive B Poter in the state of alcohol concentration of about 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under influence of alcohol, report on the results of crackdown on driving under influence of alcohol, report on the measurement of drinking under influence of alcohol, report on the circumstantial records of drinking drivers, and report on the results of crackdown on drinking under influence

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (report on attachment of the same type of judgment);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In the case of sentencing under Article 62-2 of the Criminal Act, the defendant for the reason of sentencing has been punished three times as a fine due to drinking alcohol, and the blood alcohol concentration is high and thus its content is not good, but there is no record of punishment heavier than a fine, and the defendant's mistake is divided in depth, and the defendant's age, character and behavior and environment are not causing traffic accidents, and other sentencing conditions in the records are considered and determined as ordered.

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