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(영문) 창원지방법원 마산지원 2015.06.03 2015고단231
도로교통법위반(음주운전)
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

On March 28, 2011, the Defendant received a fine of KRW 1,50,00 from the Changwon District Court for a violation of the Road Traffic Act (driving) and received a fine of KRW 2.5 million on April 4, 2011 due to a violation of the Road Traffic Act (driving) and received a fine of KRW 2.5 million on two or more occasions.

On March 13, 2015, while under the influence of alcohol 01:25, the Defendant driven a car with approximately KRW 500 meters from the front of the “person,” which is located in the male Dong in Changwon-si, Changwon-si to the front road of the third public parking lot located in the same Western Dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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 alternative imprisonment with labor (to consider that the blood alcohol concentration of this case is 0.201% and is very high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do133, Feb. 1, 201>

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

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

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