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(영문) 창원지방법원 진주지원 2018.11.23 2018고단1120
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 April 20, 201, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court for a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 1,50,000,000 from the Changwon District Court for the same crime on October 11, 2013.

On September 1, 2018, around 02:20, the Defendant driven a hived vehicle with approximately 500 meters alcohol concentration at approximately 0.121%, while under the influence of alcohol, from around the Do in front of the parking lot in the Do in the Do in the Do in Kimcheon-si, Gyeongcheon-si B to the roads in front of the D Mart in C.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

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. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into account the two preceding years and one time during the latest five years);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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