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(영문) 창원지방법원 통영지원 2014.08.07 2014고단435
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 August 11, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on August 11, 2009, and on September 9, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office.

On January 22, 2014, at around 03:15, the Defendant driven a B low-water vehicle with a blood alcohol content of about 0.205% at the 3km section from the front of a cafeteria located in the port south-dong, through through the through-house, to the front intersection of Samsung Lifelong Building, which is in the through-house, in common.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal, reports on detection of drivers, and proposals for direction of investigation;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against his/her will and that he/she has no criminal record exceeding the fine, etc.);

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.;

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