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(영문) 창원지방법원 2017.03.29 2017고단19
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

[Criminal History] Violation of the Road Traffic Act (Drinking in 2009): Fine of 2 million won for a violation of the Road Traffic Act (Drinking in 2010): Fine of 2.5 million won / [criminal facts] Around January 3, 2017, the Defendant driven a vehicle with two km alcohol concentration from the 2km section to the 8rd road in the same city off the day before the Hyundai Oil Bank located in the Dong-dong in Kimhae-dong on January 3, 2017 to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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. 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. Sentence of Article 62-2 of the Criminal Act to an order to provide community service or attend a lecture: Imprisonment with prison labor for ten months or a stay of execution, two years or more, 40 hours of an order to attend a lecture, and grounds for the increase of 120 hours for community service: Confession, dependents (one wife, minor child, etc.), etc., of the same punishment (three times or more): Reasons for mitigation: Confession, family members (one minor child, etc.);

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