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(영문) 창원지방법원 2014.09.05 2014고단1068

도로교통법위반(음주운전)

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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 July 23, 2007, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Changwon District Court on July 23, 2007, and a fine of two million won or more for the same crime at the same court on June 27, 2011, respectively.

On March 15, 2014, at around 23:00, the Defendant driven a B-man car with a blood alcohol concentration of about 0.120% in a section of approximately 150 meters from the front of the Hai-dong, Changnam-dong, Changwon-si to the front of the said school.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 1 and 4 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 10 and 12;

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

1. Selection of imprisonment with prison labor which is chosen (not later than before the market);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment heavier than that of suspended sentence for the same crime);

1. Social service order under Article 62-2 of the Criminal Act;