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(영문) 창원지방법원 2016.06.21 2016고단1054

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On December 31, 2004, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on December 24, 2007, a summary order of KRW 1.5 million for the same crime in the same court on July 13, 2009, a summary order of KRW 2 million for the same crime in the same court on July 13, 2009, and a summary order of KRW 3 million for the same crime in the same court on February 16, 2010.

On April 21, 2016, the Defendant driven a B-Adi vehicle under the influence of alcohol with approximately 0.074% alcohol concentration from the 1km section to the front road of the gas station, even though it is located in the front of the restaurant, where it is impossible to know the trade name located in the Kimhae-si, Kimhae-si, at around 01:10 on April 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;