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(영문) 창원지방법원 통영지원 2016.11.29 2016고단1537
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 1, 2010, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court. On June 24, 2010, the Defendant was sentenced to a fine of KRW 3 million due to the same crime in the same court.

【Criminal Facts】

On October 11, 2016, around 02:16, the Defendant driven a B-to-purd vehicle under the influence of alcohol leveling 0.087% from a section of about 1km to the road front of the Geumsung Oil Station located in the Gosidong in the Gosi-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person has not been convicted of probation or any heavier punishment since 1998, and that the defendant is against his/her gender);

1. Article 62 (1) of the Criminal 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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