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(영문) 창원지방법원 통영지원 2014.05.15 2014고단107
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 May 1, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Changwon District Court’s branch on May 1, 2009, and on February 22, 2010, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Changwon District Court’s branch on February 22, 201.

At around 16:30 on November 19, 2013, the Defendant driven a bschton car under the influence of alcohol 0.150% from the 5km section from the front of the charge, to the front of the Tong Young-dong in the Tong-gu in the Tong-gu in Tong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. References to criminal records, investigation reports (Attachment of a copy of judgment), and the application of two copies of judgment under Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act that selects the corresponding punishment for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the criminal defendant has committed an offence in depth and that there is only the power of fine in relation to the same offence);

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;

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