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(영문) 창원지방법원 2016.03.22 2015고단1267

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 February 16, 2010, the Defendant received a summary order of a fine of three million won or more due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on February 16, 201, and a summary order of five million won or more due to the same crime at the same court on November 29, 2010.

On May 8, 2015, the Defendant driven a DK5 car under the influence of alcohol of about 1k and about 0.133% alcohol concentration in blood, from around 23:25 to the front road of the white apartment located in the Yandong in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on 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 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 62 (1)

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