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(영문) 창원지방법원 2018.12.07 2018고단2924
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

On February 8, 2010, the Defendant received a summary order of KRW 2,50,000 from the Changwon District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 500,000 for a crime of violating the Road Traffic Act at the Changwon District Court on January 7, 2008.

The Defendant, while under the influence of alcohol concentration of 0.076% in blood, driven a passenger car in B via a distance of approximately 200 meters from the front side of the gale shop located in the 115-lane 2, a window flap of Changwon-si, Changwon-si, around October 3, 2018 to the end of the flap road located in the 97-gil 1, the same distance of about 200 meters from the front side of the gale shop located in the gale 97-gil.

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. For the punishment imposed under Article 62-2 (1) of the Criminal Act on an order to attend a lecture or an order to provide community service: Imprisonment with prison labor for one year: One year of suspended sentence; two years of suspension of execution; 40 hours to attend a school; and factors of aggravation of community service by 80 hours: Confession, family members (one parent, wife, minor child, etc.), etc.;

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