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(영문) 창원지방법원 마산지원 2016.10.11 2016고단799
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 29, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Busan Branch on May 29, 2015, and on January 22, 2016, at the Changwon District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Mountainous District Office's Multimedia

【Criminal Facts】

On August 9, 2016, around 21:15, the Defendant driven BM6 automobiles in the state of alcohol with approximately KRW 300 meters alcohol concentration of 0.140% from the section of around 300 meters in front of the Cheongsan-dong in Changwon-si, Changwon-si to the road in front of the same Kusan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the situation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order of the same kind of power and a written decision of suspension of indictment shall be attached);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the crime in this case is committed, and that the vehicle is sold and again

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