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(영문) 창원지방법원 통영지원 2014.09.26 2014고단605
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 of the final judgment.

Reasons

Punishment of the crime

On July 23, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on July 23, 2009. On December 10, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on December 10, 2009. On June 9, 201, the Defendant was sentenced to a suspended sentence of two years for six months.

On June 19, 2014, at around 10:10, the Defendant driven a bwing truck with a blood alcohol concentration of approximately 0.061% from the construction site of the Jeju 4 apartment complex, which is located in the erogic blag (e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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