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(영문) 창원지방법원 통영지원 2015.01.08 2014고단1029
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 September 1, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch on September 1, 2010, and was sentenced to a fine of KRW 5 million by the same court on February 7, 2013.

On October 4, 2014, at around 23:05, the Defendant driven C rocketing car under the influence of alcohol content of about 0.182% from the 1.5km section to the front road from the Jinwon Bail, which is located in the Doodong-dong-dong-gu Busan to the Doo-dong-dong-dong-dong-dong in Busan.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (verification of prior relationship, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous offense exceeding the fine against the accused and the fact that the accused repents the wrong facts, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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