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(영문) 창원지방법원 진주지원 2018.08.29 2018고단729
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 28, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Changwon District Court's Jinju branch on January 28, 2009; and on February 14, 2011, the Defendant issued a summary order of KRW 2.5 million for the same crime in the same court.

On May 8, 2018, at around 16:30, the Defendant driven a B rocketing car with alcohol content of about 0.201% from the parking lot of the committee for the election management of gold papers located in Busan-gun to the police station of about 1km in the city of Busan-do.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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. A written appraisal;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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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