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(영문) 창원지방법원 2016.01.12 2015고단2015
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 9, 2006, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on May 21, 2012 to a fine of KRW 3 million from the Changwon District Court to a violation of the Road Traffic Act.

On July 15, 2015, the Defendant driven a two-wheeled automobile with DWW125EX2, while under the influence of alcohol 0.101% from the 40km section to the front of the elementary school distance, even though the Defendant was moving from the Defendant’s wife-type road in Seopopo City C to the Jeju-si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to 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

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