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(영문) 창원지방법원 진주지원 2018.09.28 2018고단1015
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 May 7, 2007, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic law (driving), etc. in the Changwon District Court's Jinju branch on October 12, 201, a fine of KRW 3 million due to the same crime, etc. in the same court on October 12, 201, and a summary order of KRW 7 million due to the same crime, etc. in the same court on April 2, 2015.

On August 8, 2018, the Defendant driven C in the state of alcohol alcohol concentration of about 20 km from the Do in front of the tower in Jincheon-si, Jinju-si, to the front road, C, while under the influence of alcohol content of about 0.165% from the 20km section to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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 Reduction of Small Amount of Punishment (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act only once for the same past 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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