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(영문) 창원지방법원 2015.11.05 2015고단2124

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a person who violated Article 44 (1) of the Road Traffic Act not less than twice, such as receiving a summary order of a fine of one million won from the Changwon District Court on December 1, 2006 by committing a violation of the Road Traffic Act (driving).

On August 14, 2015, at around 23:35, the Defendant driven a two-wheeled motor vehicle in B large forest pool in the state of alcohol alcohol concentration of approximately 0.091% from the 1km section from the front of Korea Hospital located in the Gamba-dong in Kimhae-si, Kimhae-si to the front day of the Gamba-dong in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order, etc.);

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 on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);