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(영문) 창원지방법원 2014.09.19 2014고단1497
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 8, 2010, the Defendant was issued a summary order of KRW 700,000 for a crime of violation of the Road Traffic Act at the Changwon District Court on February 8, 201, and on December 29, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Changwon District Court on December 29, 201.

On February 1, 2014, at around 23:55, the Defendant driven a Category C A car with a blood alcohol content of about 20 meters from the later apartment complex of the 11st apartment complex located in the Gerodong, Kimhae-si, to the later road of the Paris store located in the same Dong from approximately 20 meters away from the later road of the apartment complex of the 11st apartment complex to the earlier road of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. No. 4 and 8 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 12 and 13;

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 which is chosen (not later than before the market);

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 (i.e., the fact that a suspended sentence is attempting not to repeat the same kind of crime in the front);

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

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