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(영문) 창원지방법원 2015.11.26 2015고단2824
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

Criminal facts

On November 19, 2007, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court. On March 18, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution by the same court.

On September 15, 2015, at around 23:40, the Defendant driven B beer cruise car with a blood alcohol content of about 0.146% under the influence of alcohol from around the upper south-dong in Changwon-si, Changwon-si to the front road of the Changwon-si in the same Gu, Changwon-si.

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 (report attached thereto, such as written judgments);

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;

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

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