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(영문) 창원지방법원 2018.11.14 2018고단2250
도로교통법위반(음주운전)등
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] Violation of the Road Traffic Act (Drinking in 2010): A fine of KRW 10 million is imposed on a violation of the Road Traffic Act (Drinking in 2017): the Defendant / [criminal facts] while under the influence of alcohol level of KRW 0.107% while under the influence of alcohol level of KRW 0.107% during blood without a driver’s license, and on July 24, 2018, the Defendant / Around July 22:3, 2018, driven a Cick car from the parking lot of the Dong-Eup’s office located in the Dong-Eup’s office located in the Dong-gu, Changwon-si, Seoul Special Metropolitan City, to the roads of Busan-gu B at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of imprisonment with prison labor for one year and six months: Imprisonment with prison labor for one year and suspension of execution, two years in suspension of execution, 40 hours in course, community service, and grounds for an increase of 80 hours: The latest repeated crime, high blood alcohol level, the same criminal record (=one time before and after the judgment), etc.: Confession, health (one time before and after the judgment), family members (two children), etc.;

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