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(영문) 창원지방법원 2015.10.15 2015고단2117

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On November 3, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Changwon District Court to a fine for the same crime on August 27, 2014.

On August 2, 2015, at around 23:30, the Defendant driven B Poter truck under the influence of alcohol content of approximately 0.094% from a section of about 500 meters from the Do square, 50-20-gil, Dogwon-si, the window Dogwon-si, to the front road of the Dog square, 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 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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;