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Reasons
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(영문) 창원지방법원 2014.10.21 2014고단2229
도로교통법위반(음주운전)
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1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2.Provided, That this ruling shall become final and conclusive, respectively.

Reasons

Punishment of the crime

1. On July 15, 2014, from around 22:20 to around 22:30, Defendant A driven a car “SSM5” at a distance of about 100 meters in front of the “Seoul Bank” located in Changwon-si, Sungwon-si, Changwon-si, Seoul, with a blood alcohol content of 0.213% while under the influence of alcohol between 22:20 and 22:30.

2. Defendant B entered a singing room with A on the day of the instant case.

On July 22, 2014, the Defendant was aware of the fact that he committed the crime as above, but the Defendant stated that he driven the said car by following the questioning of the “Chowon Police Station” in the Changwonwon Police Station, which was located in the new 96-1 of the Changwon Police Station at Changwon-si, Seoul Special Metropolitan City, and the “Chowon Police Station” in the transportation investigation team office, and that he driven the said car by falsity.

After all, the defendant, who committed a crime corresponding to a fine or heavier punishment, had the above A escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning the F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, and a report on actual condition investigation;

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

B. Defendant B: Article 151(1) of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration in both cases of the defendants, the criminal records of the

1. Defendant A of an order of community service or education: It shall be decided as per the Disposition on the grounds of not less than Article 62-2 of the Criminal Act (Considering the previous conviction of the same kind and the degree of

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