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(영문) 창원지방법원 통영지원 2015.11.20 2015고단955
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 30, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court, and a fine of KRW 1.5 million as a fine in the same court on May 31, 2011, respectively.

【Criminal Facts】

On September 18, 2015, the Defendant, who violated the Road Traffic Act at least two occasions, driven a spke car at approximately 500 meters away from the elbow rest in the vicinity of the elbow, under the influence of alcohol level 0.074% under the influence of alcohol level around September 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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