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(영문) 창원지방법원 2015.07.02 2015고단1113
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 November 10, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Changwon District Court to a fine for the same crime on July 18, 201.

On April 29, 2015, at around 02:45, the Defendant driven a motor vehicle in Epex, while under the influence of alcohol content of about 0.082%, from around about 500 meters to around the D stations located in Kimhae-si, in front of the mutual influoral dan, Kimhae-si, to the D stations in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes concerning criminal records;

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 on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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