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(영문) 창원지방법원 2015.06.11 2015고단748
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 October 6, 2008, the Defendant issued a summary order of one million won or more as a crime of violation of the Road Traffic Act by the Changwon District Court, and on May 16, 201, the same court issued a summary order of two million won or more as a fine for the same crime. On September 14, 2012, the Defendant was sentenced to a fine of seven million won or more as the same crime by the Busan High Court.

On March 19, 2015, at around 22:00, the Defendant driven a DNA car with a blood alcohol concentration of 0.069% from around 500 meters to the front road of the car theater located in the city of Kimhae-si, where the trade name located in the city of Kimhae-si cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary order, etc.);

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds that the defendant is the representative director of the company. However, the defendant should not be sentenced to a fine more than a person who has already been punished by a fine five times in total due to drinking driving.

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