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(영문) 창원지방법원 2016.10.06 2015고단2810
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 became final and conclusive.

Reasons

Criminal facts

On June 9, 2008, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine by the same court on January 24, 201.

On October 14, 2015, at around 22:03, the Defendant driven B Poter cargo vehicles with a blood alcohol concentration of about 0.086% from the 3km section from the roads in the city of the city of the city of the Kimhae-si to the roads in Samsung Chho-dong in the city of the Kimhae-si to the roads in the city of the Kimhae-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

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. A suspended sentence under Article 62(1) of the Criminal Act comprehensively takes into account the following factors: (a) details and distance of drunk driving; (b) degree of drinking alcohol; and (c) history of crime and location; and (d) the fact that a trial is not complied with;

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