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(영문) 창원지방법원 2014.04.18 2013고단3610
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 July 7, 2006, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Changwon District Court on July 7, 2006 and a fine of two million won due to a violation of the Road Traffic Act (driving) at the same court on October 20, 2008 and a person who violated Article 44 (1) of the Road Traffic Act on at least two occasions.

On November 5, 2013, at around 00:05, the Defendant driven a 500-meter-based car from the front side of the Ganhae-dong, Kimhae-dong to the front side of the Gansan-dong, Dongsan-dong, Nowon-gu, and the front side of the Dongsan-dong, in a state of alcohol of 0.092% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2-6 of the evidence list submitted by the prosecutor (hereinafter “verification”).

1. Previous convictions in judgment: the application of the Acts and subordinate statutes No. 7 and 8;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has been punished three times for the same crime, but has no record of criminal punishment heavier than that of the suspension of execution, and that the defendant would not repeat the same crime again);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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