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(영문) 창원지방법원 2015.11.24 2015고단2669
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 October 1, 2007, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act, etc. at the Changwon District Court. On April 17, 2009, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

On September 22, 2015, at around 21:20, the Defendant driven a Crane car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.169% from the section of approximately 100 meters to the front road of the Venekdong, Jin-gu, Jin-gu, Kim Young-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

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 on the stay of execution (Consideration of circumstances, distance of driving, and anti-discrimination);

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

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