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(영문) 창원지방법원 2017.08.11 2017고단2212

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal History] Violation of Road Traffic Act (Drinking in 2008): A fine of one million won for a violation of Road Traffic Act (Drinking in 2010): 2.5 million won for a violation of the Road Traffic Act (Drinking in 2010): The Defendant was under the influence of a fine of 0.155% for alcohol during blood, while the Defendant was under the influence of a fine of 0.155% for alcohol during blood, and around June 2, 2017, the Defendant was driving a vehicle of 7 km in cM5 meters for a vehicle in front of a long-term care hospital located in the same Dong-ri Special Self-Governing Province in front of the natural farmer.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol more than twice the regulations prohibiting driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The sentence imposed under Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for a national defense counsel): Imprisonment with prison labor for one year/ suspended execution; three years; 40 hours during a course; and grounds for an increase of 120 hours for community service: High blood alcohol concentration; the same previous conviction (the total amount of five times before and after the judgment = one fine for a non-licensed driving once a fine for driving under the influence of alcohol on one occasion); confession, dependent (the pregnant wife), etc.;