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(영문) 창원지방법원 2016.08.23 2016고단1896

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 June 29, 2009, the Defendant received a summary order of one million won or more due to a violation of the Road Traffic Act at the Changwon District Court on the summary order, on August 2, 2010, a fine of two million won or more due to a violation of the Road Traffic Act (driving) by the same court on August 2, 201, and on October 17, 201, a fine of two million won or more due to a violation of the Road Traffic Act (driving) at the same court.

On June 10, 2016, the Defendant driven B rocketing vehicles under the influence of alcohol leveling 0.079% from around 40 meters to around 19:25, in the direction of alcohol leveling from around 40 meters to around 19:0,00 to around 20,000, in the direction of the restaurant of the “diver language in the Kimhae-si, Kimhae-si.”

Summary of Evidence

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 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 Decisions 201Do141, Apr. 1, 201

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