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(영문) 창원지방법원 2018.07.11 2018고단1131
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

[Power of Crime] Violation of the Traffic Act (Drinking 2007): A fine of one million won for a violation of the Traffic Act (Drinking 2010): A fine of two million won for a violation of the Road Traffic Act (Drinking 2010): A fine of three million won for a violation of the Road Traffic Act (Drinking 2010): the Defendant was under the influence of alcohol level of 0.135% during blood, while under the influence of alcohol level of 0.135%, on April 25, 2018, the Defendant driven a motor vehicle at the direction of about 300 meters in the direction of the road near the Sig-dong-dong, Kim Jong-dong, Kim-dong around April 2018 and around the same time.

In this respect, the defendant was punished for driving under drinking more than twice, but he was driving a motor vehicle again 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 participation, 40 hours in community service, and grounds for aggravation of 200 hours: high blood alcohol concentration, accumulated criminal records of the same kind, etc.: Confession and family members (two minor children, etc.), etc.;

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