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(영문) 창원지방법원 밀양지원 2015.02.05 2014고단480
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2012, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on February 15, 2012, and two million won as a fine in the same court on February 21, 2014, respectively.

On November 18, 2014, the Defendant, while under the influence of alcohol 0.186% of blood alcohol level on 19:45 on November 18, 2014, driven a motor vehicle from B New-burged from the Do in front of the Southern Do of the Southern Do in the same way as the other Do in the same way, to approximately 200 meters in front of the said Do.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Each report on investigation;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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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