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(영문) 창원지방법원 통영지원 2014.08.14 2014고단511
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 April 22, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on April 22, 2009, and on June 28, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office.

On June 2, 2014, at around 23:40, the Defendant driven a B-learning car under the influence of alcohol with a blood alcohol concentration of about 0.139% from the 3km section from the front of the Treatment Hospital, which is located in the Sinpo-si Sinpo-si, to the front road of the ASEAN-dong, Jeju-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in addition to the fine to be imposed on the accused and that his mistake is repented);

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. of Social Service Orders;

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