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(영문) 창원지방법원 2015.11.24 2015고단2372

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

On October 25, 2010, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on July 15, 2014.

On August 30, 2015, at around 22:05, the Defendant driven B car from around 10 meters from the 10-meter radius to the front road of the community credit cooperatives located in the same Dong and located in the same Dong, while under the influence of alcohol content of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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 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);