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(영문) 창원지방법원 2017.04.25 2016고단599
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 March 2, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on March 2, 2007, and was sentenced to a fine of KRW 2 million for the same crime in the same court on August 19, 2010.

On March 11, 2016, at around 23:54, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.074% from the Do in front of the mutual influent drinking house in the GS253 Do, which is in the same Dong, to the front road.

Summary of Evidence

The application of Acts and subordinate statutes to an inquiry report (a copy of summary order) by a criminal defendant's oral statement, such as criminal history of the defendant's oral statement report

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 suspended execution (including the fact that a person has been a majority of his/her previous convictions, but has been prior to a considerable period of time, and in case of the principal recommendation, the drinking value is not high

4. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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