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(영문) 창원지방법원 2018.04.05 2018고단53
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 December 31, 2007, the Defendant issued a summary order of KRW 2.5 million at the Changwon District Court for a violation of the Road Traffic Act (drinking driving), and on July 3, 2008, a fine of KRW 4.5 million for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court.

On December 20, 2017, the Defendant, while under the influence of alcohol content of 0.121% during blood transfusions, driven a CW car at a section of approximately 100 meters from the third day singing line in the Kimhae-si, to the front road in the same Dong, as long as the Defendant was in the same Dong from the third day singing line in the Kimhae-si, Kim Jong-si, the Defendant driven a CW car at a section of about 100 meters.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

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 in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (compact of summary orders with driving force);

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. Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 207Da11448, Apr. 2, 2007)

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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