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(영문) 창원지방법원 통영지원 2015.04.03 2014고단1019
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On March 2, 2007, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s branch on March 2, 2007, and a fine of KRW 2 million as of September 1, 2010.

At around 22:50 on October 28, 2014, the Defendant driven BM7 car under the influence of alcohol content of 0.164% from the day before the due date of the trade name in the malvine studio in the same Ri to the day before the grass studio in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous conviction: Application of investigation report (Attachment of summary order of the same attached type of power), and a copy of each summary order under 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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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