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(영문) 창원지방법원 통영지원 2016.06.10 2016고단357
도로교통법위반(음주운전)
Text

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

Punishment of the crime

On March 26, 2013, the Defendant issued a summary order of KRW 2 million to a fine for the same crime on March 16, 2015, respectively, in the Changwon District Court’s territorial branch, for a crime of violation of road traffic law (drinking driving), and in the same court on March 16, 2015.

On March 23, 2016, the Defendant driven a B 124 c c obababa in the state of under the influence of alcohol leveling 0.094% from a 300-meter section before the center of the CUobac system located in the upper Dong at the time of obaba on the street in front of the gold gas station located in the upper Dong at the time of 01:40 on March 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 9

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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