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(영문) 창원지방법원 거창지원 2016.12.07 2016고단422
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 29, 2009, the Defendant was notified of a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Changwon District Court's branch on the charge of violation of the Road Traffic Act, and on July 30, 2010, the Defendant was notified of a summary order of a fine of KRW 2 million for the same crime at least twice in the same court.

On October 21, 2016, at around 21:35, the Defendant driven a B-type cargo vehicle under the influence of alcohol content of about 0.154% at a section of approximately 100 meters from the 100-meter radius to the front day of the Gabalging site located in the same Ri from the mobilized fishery in Macheon-gun, Macheon-gun, Macheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a case of violation of the Road Traffic Act and notification of the results of regulating drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1,

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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