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(영문) 창원지방법원 2016.03.22 2015고단2927

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 25, 2011, the Defendant received a summary order of KRW 4,50,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 700,00,000 as a fine for the same crime in the same court on October 16, 209.

On October 16, 2015, while under the influence of alcohol 0.119% during blood transfusion, the Defendant driven a balone-line vehicle from around 3 km to B galloning road in front of the entrance of the city located in the same Dong-dong, from the road located in the north-west of the window of Changwon-si, Changwon-si to the front road of the river located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on 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;