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(영문) 창원지방법원 밀양지원 2014.02.06 2013고단595
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

Criminal power is a person who violated Article 44(1) of the Road Traffic Act on November 24, 2006 by receiving a summary order of a fine of one million won or more for a violation of the Road Traffic Act from the Changwon District Court's assistance on November 24, 2006, and by receiving a summary order of a fine of one million won or more for a violation of the Road Traffic Act in the same court on February 15, 201.

Criminal facts

On November 3, 2013, at around 00:07, the Defendant driven a BA-purgn vehicle with a blood alcohol content of at least 0.166% under the influence of alcohol 0.16% at a section of approximately 12 kilometers, from the street in front of the frequency of large tree spawn-si, Chungcheongnam-si, Chungcheongnamyang-si, Gyeongyangyang-si, Gyeongyangyangyang-do, to whether it is the upper south of the Gyeongyang-gu, Gyeongyangyang-si

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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