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(영문) 창원지방법원 2016.04.28 2016고단346
도로교통법위반(음주운전)등
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 December 25, 2014, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on January 4, 2016, a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act.

From December 28, 2015 to April 5, 2016, the Defendant driven B QM3 car under the influence of alcohol concentration of about 0.15% from the 7km section of the blood alcohol level from the road located in 00:50 on Jan. 4, 2016 to the roads located in 00:50, Changwon-si, Changwon-si, Sungwon-si, to the roads in front of the same Gu, the Defendant driven a vehicle with B QM3 car under the influence of alcohol level of about 0.15% in blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting inquiry about criminal history, investigation reports (verification of previous convictions for the same offense), and previous convictions and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 Decision 62 (1)

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

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