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(영문) 창원지방법원 2018.01.09 2017고단3706

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2012, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime from the Daejeon District Court's astronomical Branch on July 7, 2014, respectively.

On October 3, 2017, while under the influence of alcohol level of 0.159% among blood transfusion around 05:43, the Defendant driven a Cpoter car at a section of about 10km from the subway station located in the Busan Eastdong-gu to the front of the Gangseo-gu Handong Sports Park, Busan.

Summary of Evidence

The application of the Acts and subordinate statutes of the defendant's statutory statement of the driver in charge of the defendant's oral statement to inquiry, such as criminal history, etc.

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;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence and that there is a penance) of the mitigated amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;