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(영문) 창원지방법원 2017.04.18 2016고단4268
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2008, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon Branch on September 23, 2008 and a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on January 21, 201.

On November 30, 2016, the Defendant driven a 500-meter chip car at around the roads in front of the Changwon Fire Station located in Changwon-si, Changwon-si, which is under the influence of alcohol content of 0.180% among blood transfusions around 23:03, the Defendant driven a 500-meter chip car at around the roads in front of the Changwon Fire Station located in Changwon-si, Changwon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

The application of the Acts and subordinate statutes of the defendant's statutory statement of the driver in charge of the defendant's oral statement to an inquiry, such as criminal history, etc.

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

2. Reduction of amount under Article 53 or 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;

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