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(영문) 창원지방법원 2016.07.21 2016고단1642

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 August 17, 2009, 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 5 million as a fine by the same court on July 29, 2013.

On May 12, 2016, at around 21:25, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.078% from the 1km section to the road front of the shooting course, which is located in the junk-dong 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. 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;