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(영문) 창원지방법원 2017.04.25 2016고단4292

도로교통법위반(음주운전)

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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

Punishment of the crime

On February 2, 2007, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court due to a crime of violating the Road Traffic Act (drinking driving), and on May 30, 201, the Defendant was issued a summary order of KRW 2 million by the same court as a crime of violating the Road Traffic Act (drinking driving).

On November 15, 2016, the Defendant driven a C car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.194% at a section of approximately 100 meters from the front of the alpha-gu Yasan-si, Sungwon-si to the road adjacent to the Hanmaa-si Hospital located in the same Dong.

Summary of Evidence

The application of the Act and subordinate statutes to inquiries, such as the defendant's legal statement of the driver of the State, the response to inquiries, the criminal history of response to the request for appraisal, etc.

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

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