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(영문) 창원지방법원 2014.08.20 2014고단1075

도로교통법위반(음주운전)

Text

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

The defendant, at the Changwon District Court on March 8, 2010, has the same kind of power four times in total, such as a fine of one million won for the crime of violation of the Road Traffic Act (driving) at the Changwon District Court on August 30, 201, a fine of two million won for the crime of violation of the Road Traffic Act (driving) at the same court on August 30, 2010, and a fine of two million won for the same act of violation of the Road Traffic Act at the same court on April 5, 2012.

피고인은 2014. 4. 19. 21:30경 김해시 구산동에 있는 불휘쌈밥 앞 도로에서부터 같은 동에 있는 동원아파트 앞 도로에 이르기까지 약 500m 구간에서 혈중알콜농도 0.084%의 술에 취한 상태로 E 아반떼 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 4 and 5;

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 (Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the same Act (including the fact that there is no high level of drinking and no high level of drinking and there has been a crackdown on whether to instigate gifts to birds for a long time and that there

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