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(영문) 창원지방법원 2014.06.13 2014고단840
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 19, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 19, 2009, and on November 8, 2012, the Changwon District Court sentenced 6 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and 2 million won of fine at the Changwon District Court on November 8, 201, and completed the execution of the sentence on March 4, 2013 during the execution of the sentence.

On February 7, 2014, at around 00:49, the Defendant driven a JM car at a distance of about 100 meters from the front road of the Jeju East-si, Kimhae-si, in the state of alcohol of 0.182% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. No. 1 of the evidence list submitted by the prosecutor (hereinafter “Evidence List”).

1. Previous convictions: Application of the Act No. 3 to 5 of the evidence list;

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. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that it is white and reflected);

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