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(영문) 창원지방법원 마산지원 2016.10.12 2016고단841
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 December 8, 2008, the Defendant received a fine of 1.5 million won for the crime of violation of the Road Traffic Act from the Changwon District Court on September 12, 2013, and received a fine of 5 million won for the crime of violation of the Road Traffic Act from the Changwon District Court on September 12, 2013.

Nevertheless, at around 16:12 on July 30, 2016, the Defendant driven a B 2km truck from the front day of the computation village in the Gimwon-gun, Gyeongwon-gun, Gyeongwon-gun with a blood alcohol concentration of 0.138%, to the front day of the natural family department in the Eup composition of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Records of judgment: To refer to inquiries, such as criminal records, and to the application of summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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