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(영문) 창원지방법원 밀양지원 2015.11.12 2015고단332
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2007, the Defendant received a summary order of a fine of one million won or more for a violation of the Road Traffic Act from the Changwon District Court's smuggling on November 1, 2007, and the above order became final and conclusive on November 1, 2007. On February 3, 2009, the above order was finalized on February 18, 2009 after receiving a summary order of a fine of two million won or more for a violation of the Road Traffic Act in the same court on February 18, 2009. On August 22, 2013, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) and became final and conclusive on August 30, 2013.

On July 20, 2015, at around 11:03, the Defendant driven a e-car under the influence of alcohol content 0.161% while under the influence of alcohol content 0.161% in the vicinity of the Defendant’s residence located in Gyeong-gun, not in the vicinity of the C’s residence, but in the vicinity of the Defendant’s residence located in Gyeong-Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment records);

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. Article 62 (1) of the Criminal Act;

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

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