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(영문) 창원지방법원 2015.03.24 2014고단3060
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

Criminal facts

On November 30, 2009, the Defendant is a person with the same kind of power at the Changwon District Court by receiving a summary order of 2.5 million won or more due to a violation of the Road Traffic Act, and on August 1, 201, receiving a summary order of 2.5 million won or more due to a fine in the same court as the same crime.

On November 1, 2014, at around 22:55, the Defendant driven BluxG car in the state of alcohol 0.21% of blood alcohol concentration from approximately 200 meters to the front road of the main station located in Jin-gu Kim Young-si, Jin-si to the front road of the new station located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of criminal records and summary order under each Act and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to reflect the fact that there exists no record of punishment exceeding the fine due to the same kind of crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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