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(영문) 창원지방법원 밀양지원 2015.03.05 2014고단272
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 August 21, 2009, the Defendant issued each summary order of KRW 1.5 million on the grounds of the violation of the Road Traffic Act in the Changwon District Court's smuggling support on August 21, 2009, as a fine of KRW 1.5 million, and on February 8, 2010, as a fine of KRW 4 million on the grounds of the violation of the Road Traffic Act (driving) in the Busan District Court's branch branch court.

On June 27, 2014, at around 10:50, the Defendant driven a CM520 vehicle with a blood alcohol content of about 0.087% from the 8km section of approximately 8km in the south-dong of the Yanyang-si, through a smuggling viewing book.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the influence of alcohol, as a person who violated the prohibition of driving under the influence of alcohol more than twice.

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. Each report on investigation;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (attached to a summary order of the same kind of power);

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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