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(영문) 창원지방법원 거창지원 2017.05.19 2017고단58

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

Punishment of the crime

On March 2, 2011, the Defendant was notified of a summary order of a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s Jinju Branch on March 2, 201, and on April 25, 201, the Defendant was notified of a summary order of KRW 3 million for the same crime from Changwon District Court’s Changwon District Court’s Changwon District Court’s Changwon Branch Branch on April 25, 201.

Nevertheless, at around 14:35 on February 16, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 0.149% at a distance of about 6km in front of the village located in the same side on the roads in front of the Heungcheon-gun, Sucheon-gun, Gyeongcheon-do, Yongcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that there is a mother to support the defendant, and that the defendant will dispose of the vehicle and will not drive the vehicle in the future;

being taken into account the points being found, etc.

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 of the Criminal Act and Article 59 (1) of the Act on the Protection, Observation, etc. of and Order to attend lectures;