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(영문) 창원지방법원 통영지원 2014.09.18 2014고단666
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 May 16, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court on May 16, 2008, and on October 21, 2012, the Defendant received a summary order of KRW 4.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court on October 21, 201.

On July 21, 2014, at around 09:40, the Defendant driven a Bgner car under the influence of alcohol content of about 0.307% from the 1km section to the road in front of the indoor packing flag in the same Ri, which is located in the same rith, from the Do, the Defendant driven a bgner car in the influence of alcohol content of approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes in two copies of a criminal investigation report and judgment;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in excess of the fine against the accused and the fact that his mistake has been repented);

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., of orders to provide community service and attend lectures;

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