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(영문) 창원지방법원 2016.04.26 2016고단280
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 2, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court on November 2, 2015 due to a violation of the Road Traffic Act (drinking driving) at the Public Prosecutor's Office of Changwon District, which received a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving).

On January 10, 2016, at around 07:50, the Defendant driven a Bcoon vehicle with approximately 500 meters alcohol concentration of 0.108% in blood while under the influence of alcohol, from the road near the Dong Kimhae-si, which is located in the same Dong-dong Kimhae-si, to the front road of the university in the same Dong-dong Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report accompanied by a copy of a summary order);

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

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

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

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