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(영문) 창원지방법원 2015.08.20 2015고단1643

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 September 1, 2009, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 1, 2009, and a summary order of 1.5 million won or more due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 4, 2008.

On May 3, 2015, at around 20:05, the Defendant driven B-low-income cars with approximately 300 meters alcohol concentration 0.128% under the influence of alcohol from the underground parking lots in the community building in the city of Kimhae-si to the common building underground parking lots in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes concerning criminal records;

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;