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(영문) 창원지방법원 2015.07.07 2015고단1145
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

Criminal facts

On March 8, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million to a fine at the Changwon District Court on February 13, 2012 to the same crime.

On March 18, 2015, the Defendant, while under the influence of alcohol 0.212% of blood alcohol level around 23:40 on March 18, 2015, driven a vehicle B at a section of approximately 700 meters from the upper south customary market in Changwon-si, Sungwon-si to the upper south distance in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A report on detection of a motor vehicle driver (for inspection of collection of blood);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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

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