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(영문) 창원지방법원 2014.04.29 2014고단557

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On February 11, 2008, 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; on January 17, 201, a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act; and on July 11, 201, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

On February 9, 2014, at around 15:30, the Defendant driven a car in Cmea while under the influence of alcohol content of about 2 km from the front of the landing place in the Jindo-gu, Changwon-si to the front of the landing place in the same Gu, Seocheon-dong from around 15:30 to the flooding school in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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

1. It shall be decided as ordered for the reason of probation, community service and order to attend lectures under Article 62-2 of the Criminal Act or more;