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(영문) 창원지방법원 2018.08.29 2018고단1473
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

[criminal history] On October 11, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Changwon District Court on the same day and KRW 4 million for the same crime at the same court on April 15, 2013.

[2] The Defendant 1 driven a vehicle under the influence of alcohol level of 0.091% in blood, and even though he had the history of driving a vehicle under the influence of alcohol at least twice as shown in the record of the above crime, on June 4, 2018, around 23:45, the Defendant driven a vehicle at a 300-meter section from the front day of the gold growth in the past of the Jindong-gu Kimhae-si, Kimhae-si to the front day of the same Eup-do police box at approximately 300 meters in width in front of the road.

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. The sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for a period of suspension of execution, taking lectures, and sentencing under Articles 62 (1) and 62-2 of the Criminal Act; the sentence of one-year imprisonment; two years of suspension of execution; 40 hours in attending lectures; and grounds for aggravation of 80 hours in high blood: Confession of alcohol during blood, the history of punishment for drinking driving (three times in total): Confession; confession, dependants (one parent, wife, minor child, etc.);

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