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(영문) 창원지방법원 밀양지원 2014.09.18 2014고단186
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 September 9, 2008, the Defendant was sentenced to a fine of KRW 300,000,000 for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on September 9, 2008, and a fine of KRW 1.5 million for the same crime in the same court on February 20, 2012.

On April 21, 2014, at around 20:10, the Defendant driven B Poter Cargo with a blood alcohol content of about 0.134% from a section of approximately 200 meters from the front of the Gansan Agricultural District Oil Station located in the same Ri to the front of the Gansan Agricultural District Gas Station located in the same Ri.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment 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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