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(영문) 창원지방법원 2015.01.09 2014고단2697
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 December 14, 2010, the Defendant was punished by a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch on December 14, 2010, and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on August 13, 2014.

On September 4, 2014, at around 02:0, the Defendant driven a B-car under the influence of alcohol content of about 1km from around 02:0 to under the influence of alcohol content of about 0.192% from around 1km to the road located in the road located in the road of the Highway Down-si, Kimhae-si, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 4 to 7 and 9 submitted by the prosecutor

1. Before judgment: Application of the above evidence list Nos. 11 and 12;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);

1. Selection of imprisonment with prison labor chosen (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment heavier than that of a suspended sentence of imprisonment and that there is an attempt not to repeat the same crime again);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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