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(영문) 창원지방법원 2018.10.31 2018고단2082
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 the Road Traffic Act (DB Driving in 2013): A fine of KRW 80,000 for a violation of the Road Traffic Act (DB Driving in 2017): A fine of KRW 2 million / [criminal fact] The Defendant was under the influence of alcohol level of KRW 0.239% while under the influence of alcohol level of KRW 0.239% during blood, and around August 5, 2018, on the road of the 200-meter radius from the road of the Vice-head of Australia to the road of the same public park.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries 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 sentence of Article 62-2 (1) of the Criminal Act to be imposed on the former sentence of imprisonment with prison labor for two years: Imprisonment with prison labor for one year or a suspended sentence of two years, 40 hours in the course, and 80 hours in the community service: The high blood alcohol concentration, occurrence of traffic accidents, etc., and the grounds for mitigation, such as confession and imprisonment without prison labor for not less than a sentence, etc.;

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