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(영문) 창원지방법원 2014.09.26 2014고단1621
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

The defendant, at the Changwon District Court on September 5, 2007, has the same kind of power four times in total, such as imprisonment with prison labor for the six-month period of suspension of execution, and a fine of five million won for the same crime in the same court on August 20, 2008.

On June 8, 2014, at around 06:05, the Defendant driven a lux vehicle while under the influence of alcohol of about 1k from a section of approximately 0.092% of blood alcohol content to the front road of the charging station in the same city of wind, starting from the roads in front of the French-si Kimhae-si to the same city of winding.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 3 and 6 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 9 and 10;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);

1. Selection of imprisonment with prison labor which is chosen (not later than before the market);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (As before the judgment, considering that the defendant was sentenced to a fine on August 20, 2008 due to a drunk driving on the same day until the crime of this case was committed, and that he would not repeat the same crime);

1. Probation under Article 62-2 of the Criminal Act;

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