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(영문) 창원지방법원 마산지원 2016.11.22 2016고단993

도로교통법위반(음주운전)등

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

Punishment of the crime

[criminal power] On November 1, 2010, the Defendant violated the prohibition of drunk driving at the Changwon District Court by receiving a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act, and by receiving a summary order of KRW 4 million for the crime of violation of the Road Traffic Act on April 20, 2015, respectively, on two or more occasions.

【Criminal Facts】

On September 24, 2016, at around 05:28, the Defendant driven a vehicle of 100 meters from the front side of the Geum River basin in Changwon-si, Changwon-si to the front road of the land plaza in the same Dong, with a blood alcohol content of about 0.118% under the influence of alcohol, without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1)

1. Order to attend lectures under Article 62-2 of the Criminal Act;