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(영문) 창원지방법원 2016.06.21 2016고단686
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 March 19, 2012, the Defendant received a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act at the Changwon District Court on March 19, 2012, and a summary order of one million won or more for the same crime from the Changwon District Court Msan Branch on January 2, 2014.

On February 27, 2016, at around 14:59, the Defendant driven BMW car with approximately 200 meters alcohol concentration at approximately 0.108% alcohol level from the Southern Park in Seo-gu, Busan to the entrance of the village in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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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