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(영문) 창원지방법원 2014.07.11 2013고단3977
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

[criminal power] On May 25, 2009, the Defendant was sentenced to a summary order of KRW 1,500,000 for the crime of violation of the Road Traffic Act at the Changwon District Court, and on July 24, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crime. On November 16, 201, the Defendant was sentenced to a fine of KRW 3,00,000 for the same crime at the same court.

【Criminal Facts】

On December 8, 2013, at around 01:50, the Defendant driven CS7 car in the state of alcohol alcohol concentration of approximately 0.165% from the section of approximately 15km to the road located in the same city and in front of the construction, from the front of the construction.

Summary of Evidence

1. Defendant's legal statement;

1. No. 1-7 of the evidence list submitted by the prosecutor (hereinafter “Evidence List”).

1. Previous convictions in judgment: the application of the law No. 10, 11 of the evidence list;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that it is white and reflected);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the consideration that there is an attempt not to repeat the same crime in the preceding);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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