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(영문) 창원지방법원 통영지원 2014.08.22 2014고단497
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 24, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on August 24, 2006, and on December 2, 2009, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a violation of the Road Traffic Act (driving).

On June 6, 2014, at around 20:20 on June 6, 2014, the Defendant driven a C-motor vehicle under the influence of alcohol content of about 0.080% in the direction of about 5km from the front road of the Dong-dong Housing Complex, Nowon-gu to June 6, 2014 to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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