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(영문) 창원지방법원 진주지원 2016.10.25 2016고단843
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 20, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and on December 16, 2014, issued a summary order of KRW 1 million for the same crime from the Changwon District Court's Jinju branch.

At around 02:10 on June 17, 2016, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.114% under the influence of alcohol at a section of about 10 meters from the Do in front of the general restaurant located in Pyeongtaek-si, Jin-si to the mountain village located in the same Dong.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records and application of the same summary order statutes;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62 of the Criminal Act to attend lectures;

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