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(영문) 창원지방법원 2016.07.21 2016고단1481

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 February 9, 2009, the Defendant received a summary order of 1,500,000 won from the Changwon District Court to a fine for a violation of the Road Traffic Act. On April 29, 2016, the Defendant filed a summary order with the Changwon District Court due to a violation of the Road Traffic Act (driving).

On May 9, 2016, the Defendant driven Bsch Rexton vehicles under the influence of alcohol content of approximately 0.088% from the blood alcohol section from around 2 km to the front road of the long-distance distance of the head in the Jin-si in Changwon-si, Changwon-si from the cross-owned parking lot of the trade name in the vicinity of the window of Changwon-si to Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about criminal history, reporting on the results of confirmation of previous convictions on disposition, and reporting on investigation (Attachment to summary orders on the same type 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 Decision 62 (1)

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