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(영문) 창원지방법원 통영지원 2014.12.04 2014고단929

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

【Criminal Power】 On October 5, 2007, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on October 5, 2007. On October 15, 2008, the Defendant was sentenced to a suspended sentence of four months for the same crime, etc. at the same court on October 15, 2008. On July 25, 201, the Defendant was sentenced to a suspended sentence of two or more times by the same court on July 25, 201, and was sentenced to a summary order of a fine of two million won for the same crime.

【Criminal Facts】 On October 11, 2014, at around 22:15, the Defendant driven a BM5 vehicle while under the influence of alcohol with approximately KRW 200 meters at a distance of about 00 meters from the cU convenience shop near the GU convenience shop located in gender to the entrance road at the same gynyang village.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving and investigation report (measurement of blood alcohol concentration of a suspect);

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant repents his mistake and family relationship of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;