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(영문) 창원지방법원 2014.08.29 2014고단1113

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

In the Changwon District Court on June 20, 201, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act in the Changwon District Court on June 20, 201, and on February 16, 2012, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Changwon District Court on February 16, 201.

On May 1, 2014, at around 02:20, the Defendant driven Crop vehicles under the influence of alcohol content of about 0.082% from the section of approximately 5km to the front road of the dry field, high field, and high field, located in the same city-based balone road, located in the balone-dong, Grop vehicles in the Gropian-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. No. 3 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 5 and 6;

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 on the stay of execution (i.e., taking into account that there is no higher acceptance of orders and will not repeat the same kind of crime in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;