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(영문) 창원지방법원 통영지원 2017.09.20 2017고단847

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 June 13, 2011, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws at the Changwon District Court on the same day, and on July 11, 2011, the same court issued a summary order of a fine of four million won for the same crime, and the same criminal records are more than once.

[Criminal facts] On May 23, 2017, the Defendant driven a vehicle CK5 meters around 100 meters in front of the so-called “Yungsung (Seoul High School)” in the state of alcohol alcohol level of 0.240% among the blood transfusion around 00:56, and from the front of the “Yongbuk Elementary School” in the Cheong-si (Seoul High School), the Defendant driven a vehicle CK5 meters in front of the “Yhosung (Seoul High School).”

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, and report on the circumstances of the driver of drinking;

1. Investigation report (report on the situation of a driver in charge) and internal investigation report (the distance in which a person under consideration drives a vehicle);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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;