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(영문) 창원지방법원 2015.07.14 2015고단1225
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 April 1, 2010, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million in the same court on April 30, 2013 to a fine for the same crime, etc.

On May 13, 2015, at around 00:20, the Defendant driven a B-car under the influence of alcohol content of approximately 0.205% in a section of approximately 200 meters from the front of the “san,” which is located in the Gusan-dong, to the front road of the “Iriju-dong,” which is located in the Gusan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on 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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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

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