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(영문) 창원지방법원 2016.04.28 2016고단350

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 April 9, 2012, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on May 21, 2012, the same court issued a summary order of KRW 6 million to a fine for a crime of violating the Road Traffic Act.

On January 6, 2016, the Defendant driven B SP car under the influence of alcohol leveling 0.120% from the 1km section of approximately 1km to the south-dong in Sungwon-si, Sungwon-si, Sungwon-si to the south-dong road in the same Dong from the 1km section to the south-dong road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on each actual condition;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

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;