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(영문) 창원지방법원 2018.09.12 2018고단1784

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

[Power of Crime] Violation of the Road Traffic Act (Drinking in 2008): A fine of one million won for a violation of the Road Traffic Act (Drinking in 2008): A fine of 2.5 million won / [criminal fact] The defendant is under the influence of alcohol level of 0.204% in blood, and around June 23, 2018, the defendant driven B1 ton cargo at the distance of about 50 meters in front of the Jin-gu, Jin-gu, Jin-gu, Seoul Special Metropolitan City during the influence of alcohol level of 0.204% in blood. Around June 23, 2018, the defendant driven B1 ton cargo at the distance of about 50 meters in front of the Jin-gu, Jin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and the application of Acts and subordinate statutes regarding criminal experience;

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 sentence of Article 62-2 (1) of the Criminal Act to be imposed on the former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ stay of execution, two years to attend a course, 40 hours to provide community service, etc.: The grounds for mitigation, such as highly high blood alcohol level, the same criminal records (i.e., twice of a fine before and after the judgment), the confession, family (two children of a minor), health (other than depression), etc.: The confession, family (the wife, two minor children of a minor), etc.;