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(영문) 창원지방법원 통영지원 2014.08.07 2014고단425
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 February 27, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on February 27, 2007. On December 10, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on December 10, 2007. On August 20, 2010, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on August 20, 201.

On February 22, 2014, at around 23:17, the Defendant driven BM520 automobiles while under the influence of alcohol content of 0.258% from the day before the restaurant for boomed Sing Sing in the mutual unfish-dong, through through through Dong-dong to the front road of the glock in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A response to the request for appraisal, a written appraisal of blood alcohol and a report on the detection of the driver;

1. Criminal records, inquiry reports, investigation reports (attached to judgments), and application of three copies of written judgments to statutes;

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 (i.e., that the defendant is against his/her will and that he/she has no criminal record exceeding the fine, etc.);

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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