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(영문) 창원지방법원 2014.06.10 2014고단489

도로교통법위반(음주운전)

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2008, the Defendant issued a summary order of a fine of KRW 2.5 million at the Changwon District Court for a violation of the Road Traffic Act, and on January 7, 201, the Defendant was sentenced to imprisonment with prison labor for six months and suspension of execution for a violation of the Road Traffic Act at the Changwon District Court on January 7, 201, and was sentenced to a fine of KRW 7 million at the Changwon District Court on May 10, 201.

Although the Defendant had been punished twice or more due to drunk driving, on December 9, 2013, at around 0.062% of blood alcohol concentration, the Defendant driven a motor vehicle at approximately 70 meters from the front of the water apartment in the Jin-si, Jin-si, Kim Jong-si to the front of the construction site to the road in front of the construction site, under the influence of alcohol level 0.062% of alcohol level around 19:18.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a de facto driver (blood collection and digitized documents) and a report on the circumstantial statement of a de facto driver;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a) and statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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;