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(영문) 창원지방법원 2018.11.22 2018고단2531
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 October 17, 2007, the Defendant is a person who drives a vehicle under the influence of alcohol on at least two occasions after having been issued a summary order of a fine of KRW 700,000 for the same crime at the Changwon District Court on February 5, 2018 as a crime of violation of Road Traffic Act (driving) in the Busan District Court's Branch Branch of the Incheon District Court on October 17, 2007.

On September 5, 2018, the Defendant driven a B-house with approximately 1k alcohol concentration of about 0.120% under the influence of alcohol level from the section of approximately 1k to the front road of the Kimhae-si, the name of which is located in the Dong and inside and outside of the city of Kim Jong-si, as from the front day of the drinking house to the G-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the previous and summary order appended thereto;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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

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