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(영문) 창원지방법원 진주지원 2016.05.10 2016고단247
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law (drinking driving) at the Changwon District Court's Jinju Branch on the ground of the violation of road traffic law. On December 10, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime in the same court, and on October 7, 2009, sentenced to a suspended sentence of April for the same crime in the same court.

On March 21, 2016, the Defendant driven a leisure car B while under the influence of alcohol content of about 0.118% from a 1km section to the roads front of the Southern River located in the other side of the city of the same city on the roads front of the University of Technology, Jinju-si, Jinju-si on March 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: Inquiry about criminal history, application of summary order and text of the judgment;

1. Imprisonment with prison labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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