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(영문) 창원지방법원 2016.04.28 2015고단2612
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 August 27, 2007, the Defendant received a summary order of fine of one million won or more as a crime of violating the Road Traffic Act by the Changwon District Court on August 27, 2007, and a summary order of 700,000 won or more as a fine by the same court on June 22, 2009.

On September 10, 2015, at around 02:24, the Defendant driven BM3 car in the state of alcohol alcohol 0.101% under the influence of alcohol from the 5km section from the parking lot for the diesel village non-permanent apartment located in the Kimhae-si, Kimhae-si to the front road of the father-gu, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

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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