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(영문) 창원지방법원 2017.09.15 2017고단2681
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

【Violation of the Traffic Act (Drinking in 2009): Violation of the Traffic Act (Drinking in 2009): a fine of KRW 500,000: a fine of KRW 3 million (Drinking in 2015): the Defendant was under the influence of alcohol level of KRW 0.092% while he was under the influence of alcohol level of KRW 0.092% during blood, and around July 7, 2017, he was under the influence of around 01:35, JS25 Sim-dong in Changwon-si, Changwon-si, Sungwon-si, the Defendant driven B-hand vehicle at approximately KRW 30 meters from the road front of convenience point to the south distance in the same 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

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 to attend lectures, 40 hours to provide community service, and grounds for aggravation of 80 hours: The grounds for mitigation, such as the concentration of alcohol in an unsatisfy blood, etc.: Confession, etc.;

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