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(영문) 창원지방법원 2016.07.26 2016고단1687
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

Criminal facts

On May 18, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million to a fine for a crime of violating the Road Traffic Act at the Changwon District Court on July 13, 2009.

On May 21, 2016, at around 03:40, the Defendant driven BM3 motor vehicles in the state of alcohol alcohol concentration of approximately 0.134% from a 20-meter section of blood alcohol level to the roads located in the same Dong, from the roads in front of the Gho Middle Middle School located in Kimhae-si, 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 (Attachment to a summary order of the same kind of power);

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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