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(영문) 창원지방법원 통영지원 2014.07.17 2014고단477
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 March 28, 2007, the Defendant received a summary order of 500,000 won of a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on March 28, 2007, and on June 1, 2011, the Defendant received a summary order of 2 million won of a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office.

On June 9, 2014, at around 01:10, the Defendant driven a B car with blood alcohol content of about 0.145% from the section of approximately 2 km to the front road of the day off which is located in the Gosi-dong in Scam-si, 01:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A statement of criminal records, inquiry reports, and application of two copies of written judgments to 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused repents his wrong offense and the fact that he has no criminal record other than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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