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(영문) 창원지방법원 거창지원 2016.07.06 2016고단112
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) at the Changwon District Court's Changwon District Court's branch on July 4, 201, and a summary order of KRW 5 million with the same court on September 26, 2014 due to a violation of the Road Traffic Act (drinking).

On April 20, 2016, the Defendant driven B1 ton cargo vehicle with approximately 5km alcohol content 0.112% while under the influence of alcohol, from the roads near the mutual influent restaurant in Kimcheon-si to the roads near the Sungnam-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the fact that the defendant reflects on his/her gender and disposes of the vehicle used for driving alcohol);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the above sentencing and the fact that there is no criminal record of the suspended execution or higher);

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

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