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(영문) 창원지방법원 2017.08.17 2017고단1660
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

On November 24, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million and a fine of KRW 2 million from the same court on October 28, 201 to a crime of violating the Road Traffic Act.

On May 8, 2017, around 13:45, the Defendant driven C Poter truck with alcohol level of about 0.05% in the section of approximately 1km from the 1km to the happy road in front of a convalescent hospital located in the same dong Ri, which is located in the north-west New Village of Changwon-si, Changwon-si.

Summary of Evidence

The application of the Act and subordinate statutes to refer to inquiries, such as the defendant's legal statement of the driver's oral statement by the defendant, the criminal history of the offense, etc.

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (not high in drinking volume, before the driving of alcoholic beverages is made for a considerable period, and considering the fact that the drinking is divided, etc.);

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. Article 62-2 of the Criminal Act on the observation of protection;

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