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(영문) 창원지방법원 통영지원 2015.08.07 2015고단489

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal power] On September 5, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch on September 5, 2006. On January 21, 2011, the Defendant was issued a summary order of KRW 700,000 for the same crime by the same court.

【Criminal Facts】

On March 22, 2015, around 22:56, the Defendant driven a CNAS car at approximately 0.073% alcohol concentration in the section of approximately 200 meters from the front of the “Peaeman’s funeral hall”, which was located in the 8-5 Sin-si, through through Tong-si, to the front of the “Peman’s hotel” located in the center of Tong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200Do329, Apr. 2, 2001; Supreme Court Decision 200Do32, Apr. 2

1. Article 62 (1) of the Criminal Act;

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