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(영문) 창원지방법원 2017.08.17 2016고단4329
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 24, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws at the Changwon District Court, and on November 19, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a fine of KRW 24,00,00 from the Changwon District Court's Msan Branch on January 20, 2017, on the one hand, at a point of 83.8km on the port of Jinju in the direction of the expressway south-do, to regulate the violation of road traffic laws (drinking) at a point of 83.8km on the port of Jinju-do.

is a person who has become a person.

On November 28, 2016, the Defendant driven a B car with alcohol content of about 0.086% while under the influence of alcohol leveling from approximately 10 kilometers to the road in front of the Do square located in the same Do road as the Do square in the same Do road from the Do road located in the new Do road of Changwon-si, Changwon-si on November 28, 2016.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

The defendant's legal statement is the driver's statement report of the state, criminal records, etc., written judgment of inquiry, and application of summary order 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;

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

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

4. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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