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(영문) 창원지방법원 2017.07.07 2017고단1477
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

[Criminal History] Violation of Road Traffic Act (Drinking in 2007): a fine of KRW 700,000 (drinking in 201): a fine of KRW 1.5 million / A fine of KRW 1.5 million / A fine of KRW 1.5 million is under the influence of alcohol level 0.064% while the Defendant was under the influence of alcohol level 0.064% during blood, and around April 25, 2017, at Changwon-si, who was under the influence of Changwon-gu, Changwon-gu, Changwon-gu, and around 815, 15 km or another car.

As a result, the defendant who violated the prohibition of drinking twice or more and drives a motor vehicle under the influence of alcohol again in violation of the above provision.

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentence of sentence of Article 62-2 of the Criminal Act to the former sentence of imprisonment with prison labor for the period of one year: Imprisonment with prison labor for six months and suspended sentence of two years, 40 hours and community service for 80 hours: harm caused by drinking alcohol, national strict punishment, necessity of repeated crime mitigation, etc.: A confession, presumption of retirement from a workplace, health, etc. when a sentence of imprisonment without prison labor or a heavier punishment becomes final;

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