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(영문) 창원지방법원 2014.04.11 2013고단3508
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 June 15, 2009, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. at the port branch of the Daegu District Court on June 15, 2009, and on August 10, 2010, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime, etc. at the Changwon District Court on August 10, 201 and violated Article 44(1) of the Road Traffic

On October 29, 2013, the Defendant, while under the influence of alcohol at least 0.153% of blood alcohol concentration at around 22:07, driven BMW car at a section of approximately 70 meters from the front of “a church with a thickness,” which is located outside the city of Kimhae, to the front of the convenience store in the same region.

Summary of Evidence

1. Defendant's legal statement;

1. No. 3-6 of the evidence list submitted by the prosecutor (hereinafter “verification”).

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment (see, e.g., previous convictions);

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 on the suspension of execution (In many cases, consideration is given to the fact that the same crime is not repeated);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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