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(영문) 창원지방법원 2018.02.07 2017고단3513
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

[Criminal History] Violation of Road Traffic Act (Drinking in 2006): a fine of 2 million won for a violation of Road Traffic Act (Drinking in 201): a fine of 2 million won / [criminal facts] The Defendant driven a vehicle with approximately 10m distance prior to the Jindo at the time of Kim Sea around September 17, 2017, while under the influence of 0.135% alcohol concentration in blood, and around 22:16, the Defendant driven a vehicle with approximately 10m distance prior to the Jindo at the time of Kim Sea at around 35m.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of motor vehicles and the application of statutes to the ledger of driver's licenses;

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. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for six months or suspended execution, two years or more, 40 hours in courses and grounds for aggravation of community service hours: Grounds for mitigation of alcohol concentration, etc. in high blood: Confession, absence of previous convictions, etc.;

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