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(영문) 창원지방법원 2018.04.05 2018고단114
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 October 22, 2007, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act on June 8, 2015, respectively.

On January 8, 2018, the Defendant driven a B rocketing car at a distance of approximately 500 meters from the front side of the Paris troke-dong, where the examples of alcohol concentration of 0.054% during blood transfusion are under the influence of alcohol at around 00:10, the Defendant driven a B rocketing car at a distance of about 500 meters from the front side of the Paris troke-dong in 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 the detection of suspected victims of violating 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 convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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 Quantity (see, e.g., the following circumstances: (a) the Defendant has hardened that his mistake would not be re-offending in the future as he repented in depth; (b) the Defendant’s blood content concentration in the blood at the time of the instant crime was not high; and (c) there was no previous criminal record subject to a more severe punishment than a fine due to the same kind of crime);

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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