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(영문) 창원지방법원 2015.11.05 2015고단2365

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

Criminal facts

On December 13, 2006, the defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act at the Busan District Court, and a summary order of 1.5 million won or more as a fine in the same court on January 7, 2009.

On August 24, 2015, at around 23:45, the Defendant driven a B-car under the influence of alcohol with a blood alcohol content of about 0.150% from the 1km section from the front of a cafeteria, the trade name in the vicinity of the Kimhae-si, to the front of a cafeteria-dong in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to summary orders);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;