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(영문) 창원지방법원 2015.10.13 2015고단2053
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

Criminal facts

On January 4, 2010, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,500,000,000 as a fine for the same crime in the same court on July 18, 201.

On July 29, 2015, at around 23:20, the Defendant driven a B Orer vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.069% from the front road of the “lub bridge” located in the Kim Jong-si, Kim Jong-si to the front road of the “Fuculp,” located in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (limited to the same criminal records and summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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