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(영문) 창원지방법원 통영지원 2015.02.12 2014고단1065
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

[criminal power] On September 17, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on September 17, 2007. On January 4, 2011, the Defendant was sentenced to a fine of four million won for the same crime in the same court.

【Criminal Facts】

On October 26, 2014, at around 00:20, the Defendant driven a character B car under the influence of alcohol of about 0.190% in a section of approximately 200 meters of blood alcohol content on the road from the street in front of the jum apartment house jum-dong, which is in a parallel city, to the street in front of the same apartment 107-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused repents his mistake and does not have any previous offense 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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