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(영문) 창원지방법원 2016.11.01 2016고단2865
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 3, 2015, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Changwon District Court on June 3, 2015, and was sentenced to suspension of indictment at the Changwon District Prosecutors' Office on April 27, 2016 for the crime of violation of the Road Traffic Act.

On August 1, 2016, at around 20:32, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 0.086% alcohol concentration from around 3 kilometers in the direction of approximately 0.086% from the front day of the 6th apartment of the Y-si, Kimhae-si to the dynae-dong in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes to criminal records, summary orders, undispositioned facts, and reports on results thereof;

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 (Taking into account the fact that the suspension of execution is against the law, the fact that there is no past record of criminal punishment, other than once a fine);

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