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(영문) 창원지방법원 통영지원 2012.02.06 2012고합212
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

On August 4, 2008, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act, etc. at the Changwon District Court’s Tong branch on August 4, 2008. On September 13, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

On July 30, 2012, the Defendant, while under the influence of alcohol of 01:40% of blood alcohol level, driven a Crop vehicle at the 1km section from the front of a restaurant located in the mutual unfluent road located in the Jinju-si, Jinju-si to the Jinnju-dong-dong from the front of the road in Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, including criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that the accused repents the wrong facts and family relations, etc. of the accused);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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