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(영문) 창원지방법원 2016.06.28 2016고단1174
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 March 28, 2011, the Defendant received a summary order of fines of two million won or more due to a violation of the Road Traffic Act at the Changwon District Court on March 28, 201, and a summary order of two million won or more due to a violation of the Road Traffic Act at the Busan District Court on January 7, 2015.

On April 13, 2016, the Defendant driven BM7 car from around 50 meters from the front side of the apartment house 106 to the front road of the same Gu-ro Cheongpo-ro Cheongpo-ro, Gowon-si, Gowon-si, under the influence of alcohol content 0.131% during blood transfusion around 23:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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, 201

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

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