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(영문) 창원지방법원 2016.06.14 2016고단971

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 November 24, 2008, the Defendant issued a summary order of KRW 1 million in fines for a crime of violating the Road Traffic Act at the Changwon District Court on a violation of the Road Traffic Act, and on December 21, 2015, the same court issued a summary order of KRW 2 million in fines for the same crime.

around 04:30 on April 6, 2016, the Defendant driven BMW car under the influence of alcohol content of approximately 0.110% from the section of approximately 100 meters to the front road of “other sugar” located in the same as the trade name in the sponsed spons of Changwon-si, Changwon-si.

around 03:55 on April 1, 2016, the Defendant driven BMW car with approximately 100 meters alcohol concentration at approximately 0.067% while under the influence of alcohol in the blood, from the road front of the mutual influent drinking house in the Guro-gu, Changwon-si to the road front of the same Gu cooling-ro 10 to the road.

Summary of Evidence

"2016 Highest 971"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. "Inquiry about criminal history and report on investigation (Attachment to a summary order of the same type of force)" 2016 Madan 1140;

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Decision 62 (1)

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