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(영문) 창원지방법원 2017.10.20 2017고단3124
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 2008): A fine of 2.5 million won for a violation of Road Traffic Act (Drinking in 2013): A fine of 3 million won for a violation of the Road Traffic Act (Drinking in 2013): A fine of 3 million won is more than four times for the other driving force of drinking. [criminal facts] The Defendant was under the influence of alcohol level 0.064% in blood, while he was under the influence of 0.064% in the influence of alcohol level 0.064%, on September 4, 2017.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

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 of lecture, 40 hours in lecture and grounds for aggravation of community service duty 120 hours: A person subject to cumulative criminal records of the same kind (six times in total of drinking driving), confession, etc.;

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