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(영문) 창원지방법원 2018.03.14 2017고단4178
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 Traffic Act (Drinking 2006): A fine of 3 million won, violation of Traffic Act (drinking: 2007): A fine of 4/ suspended sentence / 2 years of imprisonment / [criminal fact] The defendant was under the influence of 0.081% of alcohol level during blood, while he was under the influence of alcohol level 0.081%, on November 20, 2017 from the defendant's residence in Kimhae-si, Kimhae-si, around 09:05 to the front distance of E dental clinic located in Kimhae-si, Kimhae-si, and driving a motor vehicle under the influence of alcohol at least two times, despite being punished for a violation of Road Traffic Act (drinking), while he was under the influence of alcohol at least two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries 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 or suspended sentence, two years or more, 40 hours in courses and community service for a period of aggravation of 80 hours: The high blood alcohol concentration, the occurrence of traffic accidents, accumulation of previous convictions, etc.: Confession, health (non-permanent change of alcohol), reading, etc.;

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