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(영문) 창원지방법원 통영지원 2013.06.18 2013고단247
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 March 14, 2011, the Defendant was sentenced to a suspended sentence of two years on March 22, 2011 by imprisonment for a violation of the Road Traffic Act for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tong branch on March 14, 201, and the judgment became final and conclusive on March 22, 201, and on August 3, 2010, the same court received a summary order of KRW 4 million on three occasions more than a fine due to a violation of the Road Traffic Act (driving).

On April 3, 2013, at around 22:10, the Defendant driven a Gunst car under the influence of alcohol content of about 0.138% in the 3km section before the F main point in E in the same time at the Defendant’s residence located in Sast-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

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 and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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