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(영문) 창원지방법원 통영지원 2017.11.03 2017고단1168
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the Changwon District Court’s branch on November 3, 2009, and on July 12, 2012, the same court issued a summary order of KRW 2 million for the same crime.

[2] On March 13, 2017, the Defendant driven a BM3 car at the 100-meter section from the front of the Do to the road located in the same rith of the Tong-young Employment Support Center under the influence of alcohol level of 0.102% among the blood transfusion around 22:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the circumstances of the driver;

1. Investigative report, chassis, and driver's license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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