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(영문) 창원지방법원 진주지원 2016.05.03 2016고단202

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

Punishment of the crime

On December 12, 1997, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on December 12, 1997; on April 10, 1998, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court on April 10, 1998; on May 17, 200, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Busan District Court on May 17, 200; on December 7, 201, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Busan District Court on February 15, 2012, and was sentenced to a fine of KRW 2 million at the Busan District Court on April 1, 2014 (Drinking Driving).

On March 8, 2016, while under the influence of alcohol content of approximately 0.093 percent in blood, the Defendant driven a passenger car owned by the Defendant from the parking lot adjacent to a public bus terminal in the South-west Sea in the Southern-gun of South-west Sea to the 140 kilometers prior to the green floodgate located in the Gangseo-gu Busan Metropolitan City, in the section of approximately 140 kilometers.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of criminal history inquiry, sentence and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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 suspended execution;

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