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(영문) 창원지방법원 2015.11.26 2015고단2804

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 30, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000,000 as a fine in the same court on June 28, 2010.

On September 17, 2015, at around 01:40, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 50 meters alcohol content 0.107% from the front side of the Roman parking lot located in the Madiro 21-ro, Changwon-si, Sungwon-si to the front distance.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;