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(영문) 창원지방법원 밀양지원 2014.07.24 2014고단44
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

On August 13, 2008, the Defendant was issued a summary order of a fine of one million won by committing a violation of the Road Traffic Act in the Changwon District Court's smuggling support on August 13, 2008, and a fine of two million won by the same court on January 10, 2010, respectively.

On January 10, 2014, around 19:59, the Defendant driven a motor vehicle B, under the influence of alcohol of about 0.066% of blood alcohol content, at a section of about 3km in the vicinity of the normal village distance, from the Yacheon-gu, Yacheon-do to the road near the normal village of the same Do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver and the circumstantial report of a drinking driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of power judgment, etc.), and application of three copies of written judgments;

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;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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