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(영문) 창원지방법원 2016.04.07 2015고단3430

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 October 29, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act by the Changwon District Court, and issued a summary order of KRW 5 million for a fine on April 23, 2014 by the same court.

On December 5, 2015, at around 03:10, the Defendant driven a Clearning car under the influence of alcohol leveling 0.092% from the 1km section from the front of the 201st apartment house B in Kimhae-si to the front road of the father-gu in Kimhae-si, Kim Jong-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 investigation reports (a copy of a summary order);

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;