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(영문) 창원지방법원 2018.12.07 2018고단2756

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] On November 5, 2008, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 3 million due to a violation of road traffic laws (driving alcohol), and on November 3, 2014 to a fine of KRW 3 million due to a violation of road traffic laws (driving alcohol), respectively.

[2] The Defendant was under the influence of alcohol level of 0.165% while driving the B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Inquiries into the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. Sentence under Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year or a suspended sentence of two years, 40 hours to attend a course, and reasons for an increase of 80 hours for community service: high blood level, the same criminal record and the same criminal record (=two times before and after the judgment), confession, etc.;