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(영문) 창원지방법원 2016.01.21 2015고단1974

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 29, 2013, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on the charges of violating the Road Traffic Act. On July 6, 2015, the Defendant was prosecuted for the same crime with the Changwon District Court on the same day.

At around 08:00 on June 2, 2015, the Defendant driven C 125cc Austria under the influence of alcohol concentration of approximately 0.133% in blood on the section of approximately 1.5 kilometers from the front side of the East Sea State of Sungwon-si, Sungwon-si, Sungwon-si, Seoul Metropolitan City, to the front side of the Hosi-si, Sungwon-si, Seoul Metropolitan City. 41.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (a summary order of the same kind of power and attached indictment);

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