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(영문) 창원지방법원 2014.10.17 2014고단2010

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 April 22, 2011, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the Changwon District Court, and on September 13, 2010, the same court was sentenced to a summary order of 4 million won by a fine for the same crime, etc. on September 13, 201, and on March 24, 2008, the Defendant was sentenced to a summary order of 2 million won by the same court.

On July 12, 2014, around 15:10 on July 15, 2014, the Defendant driven a b bargaining car while under the influence of alcohol concentration of 0.158% at a section of about 500 meters from the Jinhae-dong to the Jincheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 1 to 6 submitted by the prosecutor

1. Before judgment: Application of the above evidence list Nos. 10 and 11;

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 chosen (see, e.g., previous conviction);

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 on the suspension of execution (In many cases, consideration is given to the fact that the same crime is not repeated);

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