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(영문) 창원지방법원 2016.06.23 2016고단1152
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 February 14, 2003, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act (drinking driving), on December 17, 2007, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (drinking driving), and on July 16, 201, the same court issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (drinking driving).

On April 23, 2016, around 01:43, the Defendant driven a motor vehicle with alcohol content of approximately 0.089% from a distance of about 400 meters from the front line of the trade name in the Nam-gu, Sungwon-si, Sungwon-si to the front road of the Changwon post office located in the same Dong to the day on which the Defendant was under the influence of alcohol content of at least 0.089%.

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 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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