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(영문) 창원지방법원 통영지원 2018.02.12 2017고단1836

도로교통법위반(음주운전)

Text

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

[criminal history] On January 5, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court’s branch branch on January 5, 2015, and a summary order of KRW 6 million for the same crime, etc. on August 26, 2015, respectively.

[2] On December 2, 2017, the Defendant was punished for a violation of the Road Traffic Act (drinking driving) not less than twice, and driven a 2 km BM5 car from the front of the Hyundai Motor Vehicle that is in the same city-wide-dong, at the same time, at the same time in the state of alcohol level of 0.094% among blood transfusion around December 2, 2017 to the front of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification on two or more occasions in the history of punishment for drinking driving);

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;