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(영문) 창원지방법원 2017.09.07 2017고단2070
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2004, the Defendant was sentenced to a summary order of KRW 2.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, which was sentenced to a fine of KRW 1 million on March 17, 2008, and a fine of KRW 1 million on April 21, 2008 by the same court as a crime of violation of the Road Traffic Act. On April 24, 2009, the Defendant was sentenced to a suspended sentence of KRW 2.5 million on June 24, 2009 by the Changwon District Court for a crime of violation of the Road Traffic Act.

On June 14, 2017, at around 00:45, the Defendant driven a car with C low typ, while under the influence of alcohol at approximately 0.171% while under the influence of alcohol, in front of the fixed guard room in the apartment complex in the well-fash apartment complex.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

The application of the Act and subordinate statutes to refer to inquiries, such as the defendant's legal statement of the driver's oral statement, criminal history, etc. (the report of the previous conviction).

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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