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(영문) 창원지방법원 마산지원 2016.10.12 2016고단826
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 March 21, 2011, the Defendant received a fine of 2.5 million won for a violation of the Road Traffic Act (driving) from the Changwon District Court on March 21, 201, and received a fine of 2.5 million won for a violation of the Road Traffic Act from the Changwon District Court on June 16, 2015, and received a fine of 2.5 million won for a violation of the Road Traffic Act at least twice.

Nevertheless, at around 01:40 on August 11, 2016, the Defendant driven a BM5 vehicle from the front day of a drinking house where it is impossible to identify the trade name located in the window-dong in the Changwon-si, Changwon-si, Changwon-si, and up to the front road of the Sampo-dong, the Defendant driven a 500-meter car from around 01:40 to the front day of the Sampo-dong in the same new-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

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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