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(영문) 창원지방법원 2017.09.15 2017고단2670
도로교통법위반(음주운전)
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

【Violation of the Traffic Act (Drinking in 2007): Violation of the Traffic Act (Drinking in drinking): a fine of KRW 3 million (Drinking in 2012): the Defendant was under the influence of alcohol level of KRW 0.145% in blood, and the Defendant was under the influence of alcohol level of KRW 0.145% in July 8, 2017, at around 00:35, 2017, 332, agricultural cooperatives, one of the roads in front of 300 meters in front of the Ro-gu, Chang-gu, Changwon-si, Changwon-si, the first half of the Ro-gu, the first half of the Ro-gu, the first half of the Ro-gu, the second half of which was located in approximately KRW 300 meters in front of the Ro-gu, the second half of the Ro-gu, and the second half of the Da

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

1. Statement by the defendant in court;

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

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

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. 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 one year/ suspended sentence, two years of participation, 40 hours in community service, and grounds for aggravation of 80 hours: High blood alcohol concentration, the same criminal record (in the case of a previous conviction and a fine for violating the Road Traffic Act, four times of a fine for a violation of the Road Traffic Act), etc.: confession, etc.;

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