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(영문) 창원지방법원 2016.06.28 2016고단1177
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 1, 2007, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on July 30, 2012, the same court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act.

On April 24, 2016, at around 21:20, the Defendant driven a B B B BB car under the influence of alcohol content of about 500 meters from a 50-meter section to a road near the entrance of the ordinary village located at the beginning of the same Myeon, which is located in the middle of the city in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 2011>

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

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