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(영문) 창원지방법원 2017.10.12 2017고단2863
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 August 20, 2007, the Defendant issued a summary order of a fine of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on August 20, 200, for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on September 17, 2012, for a violation of the Road Traffic Act (drinking driving), and on April 5, 2013, for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Changwon District

On July 29, 2017, while under the influence of alcohol content of 0.090% during blood transfusion, the Defendant driven a B SP vehicle at the top of about 1km from the window of Changwon-si to the front road of a member of the Changwon-si, who was on the window of the window of Changwon-si, from the front of the window of Changwon-si to the 71st century.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. A report on the detection of a driver of the main place of business;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act and subordinate statutes;

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 mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 1, 201);

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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