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(영문) 창원지방법원 2016.11.22 2016고단3022
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

Punishment of the crime

On November 2, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on July 28, 2015, the same court received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act.

On August 18, 2016, around 03:10 on August 18, 2016, the Defendant driven a CNS car at approximately KRW 300 meters under the influence of alcohol concentration of 0.204% from the wooden Packing car located in the GNS, Kimhae-si, to the parking lot of the building in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Information requested for appraisal of blood alcohol concentration;

1. Notification of the results of blood driving control;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

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 (including the reflection of gender, and the absence of any past record of criminal punishment exceeding a fine after 196);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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