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(영문) 창원지방법원 밀양지원 2014.02.13 2013고단624
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal power is sentenced to a fine of 1.5 million won by the Suwon District Court on August 31, 2007 for a crime of violation of the Road Traffic Act, and on August 20, 2010, the defendant was sentenced to a fine of 5 million won by the same crime in the Ansan District Court for the same crime.

Criminal facts

On October 12, 2013, the Defendant was under the influence of alcohol of 0.101% in blood alcohol concentration at around 07:30 on October 12, 2013, and was driving B Poter cargo at approximately approximately 200 meters in the same distance from the map preceding the influence of the influence line to the intersection of the same new village distance.

As a result, the defendant has violated the prohibition of drinking driving more than twice but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: The application of criminal records, inquiry 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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