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(영문) 창원지방법원 2014.08.08 2014고단926
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 December 29, 2009, the Defendant was sentenced by the Changwon District Court to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 11, 201.

On March 30, 2013, when the Defendant had had a history of drinking twice or more, the Defendant driven a car of 1.5km at the section of approximately 1.5 km meters from the roads front of the same Gu Tae-dong Tae-dong, Changwon-gu, Changwon-si with a blood alcohol level of 0.128% under the influence of alcohol level around 08:20 on March 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 1 and 2 of the evidence list submitted by the prosecutor;

1. Records before judgment: Application of the above evidence list No. 5;

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 on the suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Article 62(1) that the criminal defendant fashed to the hospital at his/her mother in the condition that he/she was under the less fac

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

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