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(영문) 창원지방법원 통영지원 2017.10.13 2017고단925

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal record] On December 10, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 4 million for the same crime from the same support on September 13, 2013, and a summary order of KRW 5 million for the same crime from the same support on April 27, 2015, respectively.

[2] On July 2, 2017, the Defendant, who was punished as a violation of the Road Traffic Act (drinking driving) more than twice, was driving B rocketing car from the road before the branch office of the Tong Young Labor in the same Ri, which was under the influence of alcohol level of 0.118 percent from the blood of around 22:30 on July 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Each report on investigation;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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