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(영문) 창원지방법원 2018.05.30 2018고단917
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Power of Crime] Violation of the Road Traffic Act (Drinking Vehicle), Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drinking Vehicle), etc. (2006): Imprisonment with prison labor for six months/ suspended execution; two years of protection observation; order to attend lecture; violation of the Social Service Order Road Traffic Act (Drinking Vehicle 2008): Fine of 5,00,000: 4/ suspended execution/two years; Violation of the Road Traffic Act (Drinking Vehicle 2016): Imprisonment with prison labor for 6 months/ suspended execution/two years; Violation of the Road Traffic Act (drinking Vehicle 2016): Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drinking Vehicle 2016); Defendant was under the influence of 0.106% of alcohol level among blood transfusion; and Defendant was under the influence of golf driving at the front of 5:5 meters from 19:5 square meters in front of his/her passenger car in front of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The sentence of selective sentence of imprisonment with prison labor is that of the former sentence of two years and six months: Imprisonment with prison labor for a period of one year and one year: Recommitting a crime during the period of suspension of execution, concentration of alcohol in high blood, accumulation of records of the same punishment, etc.: confession, dependants, volunteer service activities, etc.;

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