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(영문) 창원지방법원 2017.03.21 2016고단3863
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

Punishment of the crime

On July 6, 2009, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on June 14, 2010 to a fine of KRW 3 million from the Changwon District Court to a violation of the Road Traffic Act.

On October 25, 2016, around 00:50 on October 25, 2016, the Defendant driven a BMF5 car under the influence of alcohol concentration of 0.124% during blood while under the influence of alcohol leveling to approximately 20 kilometers from the front of a mutually influent restaurant, which is located in the counter of the window of Changwon-si, Changwon-si to the front of the front of the copying distance in the Jin-si, Jin-gu, Kim Young-si.

Summary of Evidence

The application of the Acts and subordinate statutes of the summary order to refer to inquiries, such as criminal history of the principal driver's report on the detection of the accused's driver's identity;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the stay of execution (Consideration to the accused who has no criminal record of the stay of execution or heavier);

4. An order to attend a course under Article 62-2 of the Criminal Act;

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