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(영문) 창원지방법원 2016.10.20 2016고단2560
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 October 18, 2006, the Defendant was charged with the violation of the Road Traffic Act (driving) at the Busan Gangseo Police Station and the same crime at the same police station on November 2, 2006, respectively, and was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution at the Busan District Court on December 20, 2006.

On July 22, 2016, at around 21:55, the Defendant driven a B-house under the influence of alcohol content of about 0.169% from the 2km section to the 108-on front of the 108-on-road apartment of Daewoo Patopian apartment located in the agricultural heart located in the Dong-dong of Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment, etc.);

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 (i.e., the reflection of gender, and the absence of any past record of criminal punishment after 2007, etc.);

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

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