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(영문) 창원지방법원 2018.01.31 2017고단3733
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 Records] Crimes of Violation of Road Traffic Act (Drinking in 2015): Fine of 1.5 million won (Drinking in 2015): Crimes of Violation of Road Traffic Act (Drinking in 2015): Fine of 4 million won / [criminal facts] Defendant is under the influence of alcohol level of 0.133% (hrinking in breath) during blood, and on October 20, 2017, the Defendant driven a vehicle of approximately 30 km from the section of 30 km to the road located in Chang-si, Changwon-si, Changwon-si to the 1083-10th road in Chang Sea.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol more than twice, even though he has violated the prohibition of drinking.

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 lectures, 40 hours to provide community service, and grounds for aggravation of 80 hours: The grounds for mitigation, such as the concentration of alcohol in high blood, etc.: Confession, etc.;

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