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(영문) 창원지방법원 마산지원 2015.07.22 2015고단490
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 February 9, 2009, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 28, 2009. On September 28, 2009, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 29, 201, and received a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 29, 2010.

On May 14, 2015, at around 09:15, the Defendant driven approximately 500 meters from the front side of the Seongbuk-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the front side of the Namyang-do, in the state of alcohol 0.189% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records of judgment: To refer to inquiries, such as criminal records, and to the application of Acts and subordinate statutes of Part IV of summary order;

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. 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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