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(영문) 창원지방법원 2015.11.24 2015고단2464

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 August 27, 2007, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,500,000,000 as a fine in the same court on January 27, 2014.

On September 1, 2015, at around 00:0, the Defendant driven a B-3 car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.058% from the front road of the “Coin parking lot,” located in the Sung-gu, Sung-gu, Changwon-si, Sungwon-si, Seoul, to the front road of the Hanmaa Hospital located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes concerning criminal records and copies of each summary order;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and