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(영문) 창원지방법원 2016.03.31 2015고단3359
도로교통법위반(음주운전)등
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, 2015, the Defendant received a summary order of a fine of four million won or more for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of 2.5 million won or more for the same crime at the same court on September 29, 2008.

On November 10, 2015, at around 23:40 on the 23:40th, the Defendant driven a D-gpon vehicle under the influence of alcohol level of about 0.104% while under the influence of alcohol level of about 600 meters from the 600-meter section of the Kimhae-si to the front side of the west-si, Kimhae-si, who is not aware of the trade name in the Dong-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (the same criminal record and confirmation);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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, 201

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

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