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(영문) 창원지방법원 통영지원 2015.08.07 2015고단114
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

[criminal power] The Defendant had a record of having been sentenced to a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court’s through the Changwon District Court on September 7, 2007, and a fine of two million won for the same crime in the same court on July 30, 2013.

【Criminal Facts】

On January 1, 2015, at around 00:50, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 5 meters alcohol concentration of 0.147% from the front of the Doyang cafeteria cafeteria, which is located in the galvine galle, through through a common city, to the shore.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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