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(영문) 창원지방법원 거창지원 2016.08.17 2016고단220
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

On July 2, 2010, the Defendant was subject to a summary order of KRW 1.5 million due to a violation of road traffic law (driving), and on March 14, 201, the Defendant was subject to a summary order of KRW 2.5 million due to the same crime in the same court on March 14, 201, and was subject to a summary order of KRW 2.5 million due to the same crime.

On June 1, 2016, around 11:25, the Defendant driven B earth and car under the influence of alcohol content of about 0.104% during blood while under the influence of alcohol at approximately 3 km from the 3km section in front of the distribution distance, as a case of the instant military case, as seen earlier, in the southnam-gun, Gyeong-gun, Singu, Sinnam-gun, Sinnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

1. The pertinent legal provisions on criminal facts and Article 148-2 (1) of the Road Traffic Act’s selective indictment include “Article 148-2 (2) of the Road Traffic Act” in the indictment. However, in light of the records and the facts charged, it is evident that it is a clerical error in “Article 148-2 (1) of the Road Traffic Act”, and thus, it is ex officio stated without any changes in the indictment.

Sub-paragraphs 1 and 44(1)

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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