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(영문) 창원지방법원 밀양지원 2013.08.01 2013고단288
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 of the final judgment.

Reasons

Punishment of the crime

On November 24, 2006, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act in Changwon District Court's assistance on November 24, 2006, and on April 1, 2009, the above court was sentenced to a suspended sentence of 2 years for a year of imprisonment for a violation of the Road Traffic Act, etc. and violated the prohibition of drunk driving on more than two occasions.

Criminal facts

On May 8, 2013, at around 21:20, the Defendant driven a c-wing truck under the influence of alcohol concentration of about 0.097% at a section of approximately 8 kilometers in the parallel of the Defendant’s house located in Syang-si, Gyeongyang-si, Gyeongyang-si, in the upper south of the parallel, from the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of

Therefore, even though the Defendant violated the prohibition of drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and results confirmation reports, and the application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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