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(영문) 창원지방법원 2016.04.19 2016고단49
도로교통법위반(음주운전)
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 May 17, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on more than two occasions after June 1, 2006, such as being sentenced to a fine of four million won due to a violation of the Road Traffic Act (driving) at the Changwon District Court on May 17, 2010.

On January 4, 2016, the Defendant driven a B SP vehicle at a section of about 150 meters from the 150-meter radius to the road front of the lapsing in Kimhae-si, while under the influence of alcohol content of 0.083% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the progress of the drinking driving case set down before a day), investigation report (a copy of summary order attached);

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

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 Decisions 201Do141, Apr. 1, 201

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

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