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(영문) 창원지방법원 밀양지원 2015.01.22 2014고단462
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

The Defendant was sentenced to a fine of 2.5 million won on July 29, 2009 due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s assistance on July 29, 2009, and a suspended sentence of 2.5 million won on June 30, 2010 by the same court for the same crime, etc.

On October 22, 2014, at around 18:25, the Defendant driven a B rocketing car with a blood alcohol content of about 0.193% from the 8km section to the road preceding the Do in front of the Sejong-ri Do in the Southern-do, Nam-gun, Nam-gun, Nam-do, Seoul-do, to the Do in front of the Dorogate hotel in the same military.

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. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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