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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1562

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 17, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on October 17, 2013, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on December 23, 2010.

[2] On September 29, 2017, the Defendant driven a BNW EF rocketing car under the influence of alcohol with approximately KRW 300 meters alcohol concentration 0.113% from the front side of the accelerator parking lot located in the Gero-si, Seoul, to the front side of the bank located in the ancient city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the said final judgment) and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the 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;