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(영문) 창원지방법원 2017.04.28 2017고단1022

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal History] Violation of Road Traffic Act (Drinking in 2009): A fine of KRW 700,000 for a violation of Road Traffic Act (Drinking in 2013): A fine of KRW 4 million / [criminal fact] The Defendant is under the influence of alcohol level of KRW 0.096% during blood, and around March 24, 2017, Rab who is in the Gambing-dong in Kimhae-si, Kim Jong-si around 21:10 on March 24, 2017, driven B-D car at a section of about 50 meters from the front of the restaurant to the front of the same crop in the same manner as the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

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. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year or suspended execution; two years; 40 hours during a course and grounds for an increase of 120 hours for community service: High blood alcohol concentration and accumulated previous convictions for the same kind of punishment (two times before and after the judgment): Confession, etc.;