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(영문) 창원지방법원 2014.12.12 2014고단2003
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 6, 2010, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Changwon District Court on December 6, 201, and on August 16, 201, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act in the same court on August 16, 201, and was sentenced to a fine of four million won for the same crime.

2. Around 22:40 on July 3, 2014, the Defendant driven a CMW car with a approximately KRW 500-meter section from the trade name, etc. in front of the same Sammun-dong located in the Hanmun-dong located in the Gyeong-dong, Kimhae-si, to the front of the same TMW car, while under the influence of alcohol by 0.106% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2-3 of the evidence list submitted by the prosecutor

1. Records before judgment: Application of the above evidence list No. 4 by Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting an offense (a point of driving under the influence of sound);

1. Selection of imprisonment with prison labor chosen (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment heavier than that of the suspension of execution for the same crime, and that there is an attempt not to repeat the same crime again);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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