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(영문) 창원지방법원 2015.11.03 2015고단2325
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

Criminal facts

On January 23, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on June 21, 2010 to a fine of KRW 2 million from the Changwon District Court to the same crime.

On August 29, 2015, at around 03:35, the Defendant driven a B 5-car while under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.135% from the first day of the restaurant to the front day of the Ganhae-si, where the trade name in the city of Kimhae-si cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes concerning criminal records;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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

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