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(영문) 창원지방법원 2017.08.22 2017고단1749
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 May 10, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on June 20, 201, issued a summary order of KRW 1.5 million for the same crime at the above court, and on March 14, 2013, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime.

On April 26, 2017, at around 01:30, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.09% from around 200 meters to the front road of the Gongju Park Park, located in the same Do in front of the Kimhae-si Kimhae-dong.

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 application of the Acts and subordinate statutes on inquiry, such as the defendant's legal statement report of the driver's oral statement by the defendant, criminal history, etc.

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. The community service order under Article 62-2 of the Criminal Act;

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