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(영문) 창원지방법원 2018.01.31 2017고단3753

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] Violation of Road Traffic Act (Drinking in 2006): A fine of 2.5 million won for a violation of Road Traffic Act (Drinking in 2012): A fine of 700,000 won / [criminal fact] The Defendant is under the influence of alcohol level of 0.094% during blood, and around October 23, 2017, 00:0:25, the Defendant driven a Category BN vehicle at a distance of about 30 meters from the distance of about 30 meters from the first floor parking lot of the 1st floor in the city of Changwon-gu, Seongbuk-gu, Sungwon-gu, Busan Special Metropolitan City, Changwon-gu, Seoul Special Metropolitan City, to the rear end of the commercial.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

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. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years to attend a course, 40 hours to provide community service, and grounds for aggravation of 80 hours: Confession, family members (two children), etc. (two children), in cases of confession, family members (two children), etc.;