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(영문) 창원지방법원 2017.06.08 2017고단837

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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

The Defendant, at the Changwon District Court on March 7, 2008, has a record of being sentenced to a fine of one million won for a crime of violating the Road Traffic Act, and on August 20, 2012, the same court has received a summary order of a fine of 4.5 million won for a crime of violating the Road Traffic Act.

On March 1, 2017, the Defendant, while under the influence of alcohol level of 0.149% during blood transfusion around 23:57, driven a bal-burled car at a section of approximately 200 meters from the Do in front of a mutually influent cafeteria, Kimhae-dong, to the road in front of a cular bridge in Kimhae-si, Kimhae-si.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

The application of the Act and subordinate statutes of the defendant's legal statement, such as the defendant's statement report on the circumstances of the driver's statement, to an inquiry report (to file the same summary order)

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;