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(영문) 창원지방법원 2014.08.26 2014고단1368

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act on May 23, 2011.

On May 15, 2014, the Defendant was under the influence of alcohol of 0.095% of blood alcohol concentration at around 01:20, the Defendant driven D SP car at a section of approximately 6km from the front of the 2km-dong, Busan, the Handong-gu, Busan, on the front of the cafeteria-dong, which is located in the hot spring dong-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of an inquiry report on criminal records, etc., an inquiry report on the previous disposition, and a report on results of confirmation (2 cases);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. It shall be decided as per the disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;