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(영문) 창원지방법원 2016.03.31 2015고단3079

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 April 25, 2011, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on May 30, 201 to a fine for a crime of violating the Road Traffic Act.

On October 24, 2015, at around 01:30, the Defendant driven a B rocketing vehicle under the influence of alcohol content of about 0.177% from around 50 meters to around 104 Dog-ro 27-22, Dog-ro, Kimhae-si, which is located in the Grand River of Cheongwon-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiry about criminal history and application of Acts and subordinate statutes confirming the record of suspect drinking;

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 Decision 2002Da1338, Apr. 1, 2002);

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