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(영문) 창원지방법원 거창지원 2016.10.05 2016고단322
도로교통법위반(음주운전)등
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

Around May 29, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) in the Changwon District Court's branch on the following grounds: (a) on July 29, 201, a summary order of KRW 2.5 million for the same crime in the same court; and (b) on February 5, 2015, a summary order of KRW 5 million for the same crime was issued in the same court, respectively.

On August 25, 2016, at around 21:30 on August 25, 2016, the Defendant driven a B-wing truck under the influence of alcohol with approximately 0.07% of alcohol content around 5km at a section near the southwest of the same military, from the C-ho, Chang-gun, Chang-gun, Seoul, to the roads near the southwest of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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;

1. Probation or community service order under Article 62-2 of the Criminal Act;

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