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(영문) 창원지방법원 밀양지원 2016.09.29 2016고단257

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

Criminal facts

On August 15, 2013, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s Seongbuk Branch on August 15, 2013, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 20, 2015, respectively.

On May 25, 2016, at around 12:35, the Defendant driven CPoter Ⅱ while under the influence of alcohol content of about 100 meters from the section of 100 meters, from the road before spawn swned, to the road before swn in the same Ri, the Defendant driven the Cpoter Ⅱ in the state of under the influence of alcohol content of 0.084%.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Notification of the results of crackdown on the driving of alcohol, a report on the situation of the driver of alcohol, a written statement of the driver of alcohol, a report on internal investigation (an investigation report on a witness, etc.) and inquiry about the results of crackdown on the driving of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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

1. Selection of an alternative imprisonment with prison labor (the degree, etc. of alcohol concentration and mileage during the blood of the instant crime, and the frequency and degree of punishment for the same kind of crime including the previous crime of driving under influence, etc.);

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

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;