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(영문) 창원지방법원 2017.09.12 2017고단2671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On November 26, 2009, the Defendant received a summary order of KRW 500,000,000 from the Changwon District Court's Jinwon District Court's Jinwon Branch as a crime of violating road traffic laws (drinking), and KRW 700,000,00,000 as a crime of violating road traffic laws (drinking) on January 22, 2016.

On July 8, 2017, around 01:35, the Defendant driven an Esch Rexton car with approximately 200 meters alcohol concentration of about 0.193% in blood from around 200 meters to the front road located in C, around the 01:35 Kimhae-si.

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

1. Statement by the defendant in court;

1. Reporting on detection of a person who violates traffic laws on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (i.e., that the Defendant has committed a crime in depth and thus would not repeat the crime in the future; (ii) there is no traffic accident at the time of the instant crime; and (iii) there is no criminal record other than the judgment)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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

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