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(영문) 창원지방법원 마산지원 2015.03.18 2015고단53
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 4, 2008, the Defendant received a summary order of KRW 700,000 by the Changwon District Court due to a violation of the Road Traffic Act (driving). On June 8, 2009, the Defendant received a summary order of KRW 1,500,000 by the same court due to a violation of the Road Traffic Act (driving). On May 2, 2012, the Defendant was sentenced to the summary order of KRW 1,50,000 by the same court. On May 2, 2012, the Changwon District Court was sentenced to imprisonment of KRW 4 months with prison labor and the suspension of execution of the same power not exceeding three times.

On January 25, 2014, at around 23:45, the Defendant driven a 3km car from the front side of the restaurant in which the trade name in the Masan-si Masan-si is unknown, to the front side of the restaurant in which the trade name in the Masan-si Masan-si is unknown, and up to the front side of the school in the same Gu-based Dong, while under the influence of alcohol leveling 0.075% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 ( Taking into account the blood alcohol concentration in the instant case);

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the fact that a person is willing not to drive under the influence of alcohol, and (ii) the blood alcohol concentration in the instant case);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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