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(영문) 창원지방법원 통영지원 2015.02.04 2014고단1046
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 April 5, 2007, 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 the charge of violation of the Road Traffic Act, and on October 12, 2012, the same court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the same time, and is a person with at least twice the record of drinking driving.

【Criminal Facts】

1. On October 29, 2014, the Defendant: (a) around October 29, 2014, driven B Poter vehicles while under the influence of alcohol content of about 0.089% in a section of about 500 meters from the day before the end of the end of the end of the string-dong location of the macropon city to the day before the end of the string-dong location of the same city.

2. On November 14, 2014, the Defendant: (a) around 20:30 on November 14, 2014, driven a bpoter vehicle under the influence of alcohol content of about 0.089% from a section of about 500 meters, from the front day of the Taesan Apartment apartment located in the Gero-si, Yandong, to the front day of the Sinan-si, Yando; and (b) on November 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, each report on the state of drinking drivers, each report on the state of drinking drivers, each investigation report, each written statement, and receipts;

1. Report prior to judgment: Application of Acts and subordinate statutes, such as inquiry into the results of the crackdown on drinking driving, management and inquiry of the reports on drinking-taking, criminal history records, etc.;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and the fact that there is no previous offense exceeding a fine);

1. It shall be decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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