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(영문) 창원지방법원 밀양지원 2014.02.06 2013고단600
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

On October 28, 2009, the defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on October 28, 2009, and the same military power reaches six times.

On October 12, 2013, at around 21:35, the Defendant driven a gallon car with a blood alcohol content of about 0.079% from around 500 meters away from the 500-meter section to the cruise bus parking area, where he was drunkly driven by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

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