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(영문) 창원지방법원 통영지원 2013.11.12 2013고단830
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 24, 2008, the Defendant was sentenced to a fine of 5,00,000 won for the crime of violation of the Road Traffic Act at the Changwon District Court on July 24, 2008, and was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act at the Changwon District Court’s branch on September 16, 2009. On July 21, 2010, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 21, 2010, and the said sentence became final and conclusive on September 17, 2010, and the execution of each of the said imprisonment sentence was terminated by the Daegu Prison Prison on May 7, 2011.

On October 6, 2013, at around 18:20, the Defendant driven a Crewing vehicle with approximately 200 meters alcohol concentration of 0.302% from the 200m section to the creshnam-do Food Road, which is located in the cresh-dong in the middle of a restaurant in which it is impossible to know the trade name in the Dobong-dong at the time of Tong-gu.

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 35 of the Criminal Act among repeated crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects on his/her gender, family relationship, etc.);

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