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(영문) 창원지방법원 2016.03.31 2015고단3297
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 December 31, 2007, the Defendant received a summary order of KRW 1 million of a fine for a crime of violating the Road Traffic Act at the Changwon District Court on December 31, 2007, and a summary order of KRW 700,000 of a fine for the same crime at the same court on March 15, 201.

On October 29, 2015, the Defendant driven a BN motor vehicle under the influence of alcohol of about 0.157% in alcohol from approximately 500 meters away from the front of a mutually influent restaurant, which is located in the fluence of the window of Changwon-si, Changwon-si, to the 3rd road of the same 24-gil-ro.

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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