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(영문) 창원지방법원 2016.10.27 2016고단2766
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 6, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on May 18, 2015, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

On July 24, 2016, at around 15:42, the Defendant driven a BRanon-car under the influence of alcohol content 0.097% from approximately 5 km to the front road of the new management enterprise located in the Domine forest in the Sari-si Sari-si Sari-si, Chungcheongnam-si, Kimhae-si, the Defendant driven a BRanon-car with a blood alcohol content 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);

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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