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(영문) 창원지방법원 통영지원 2013.10.17 2013고단456
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 of the final judgment.

Reasons

Punishment of the crime

On June 8, 2009, the Defendant was sentenced to a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s territorial branch on the charge of violation of the Road Traffic Act, and on September 1, 2011, the Defendant was sentenced to a fine of KRW 4.5 million for the same crime in the same court.

On June 7, 2013, at around 02:05, the Defendant driven a B LV car from around 1.5 km to the front road of the Dong-dong Office, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, through the influence of alcohol by 0.137% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act in the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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