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(영문) 창원지방법원 진주지원 2017.08.30 2017고단413
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on August 17, 2009, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on February 6, 2013, the same court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 13, 2013, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for six months by imprisonment for a violation of the Road Traffic Act (drinking driving) at the same court on August 13, 2013.

On May 6, 2017, the Defendant driven a B-hand car from around 200 meters to the front of a store selling solar livestock located in the same Dong-ro, 348 Do-ro, Jin-si, Jin-si, 0.058 (Ga-dong) while under the influence of alcohol level of 0.058% among the blood transfusion around 23:10 on May 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (limited to the same criminal record and summary order);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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