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(영문) 창원지방법원 2016.11.10 2016고단3025
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

Punishment of the crime

On May 12, 2014, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Changwon District Court on May 12, 201, and a fine of five million won for the same crime at the same court on August 29, 2016.

On August 18, 2016, at around 23:55, the Defendant driven B Lone Star vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.085% from the front of a mutually influent restaurant to the front day of the light distance in the same Ri, which is located in the city of Jin-si, Jin-gu, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The application of Acts and subordinate statutes to criminal records, previous records of disposition, and results of confirmation;

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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