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(영문) 창원지방법원 2016.12.01 2016고단3382
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 19, 2006, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Changwon District Court to a fine for the same crime on June 16, 2014.

On September 20, 2016, at around 20:50, the Defendant driven C Ecoo motor vehicle under the influence of alcohol with approximately 400 meters alcohol concentration of 0.170%, from the front of the restaurant “Yama” in the Young-dong, Kimhae-si, to the front of the “Korea Light Flag” road.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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 (i.e., the reflection of the punishment of a fine, and the absence of any past record of criminal punishment exceeding a fine after 198);

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

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