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(영문) 창원지방법원 2018.04.18 2018고단406
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

On April 17, 2015, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving) in the Changwon District Court's Musan Branch on April 17, 2015, and was issued a summary order of KRW 2 million at the Changwon District Court on March 16, 2017 and violated the prohibition on drinking alcohol driving at least twice.

The Defendant was under the influence of alcohol level of 0.132% in blood, and around January 28, 2018, around 23:45, 2018, the Defendant driven B, from the front of the road to the front of the 396 km-gu, Changwon-si, the Changwon-si, the Changwon-si, the 3:15, and 664, as the window of the same city.

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 sentence of sentence of one year and six months under Article 62-2 of the Criminal Act (in short of sentencing guidelines): Imprisonment with prison labor for a year and six months: One year of suspension of execution; two years of participation; 40 hours in lectures and grounds for aggravation of community service hours: a high blood alcohol concentration; grounds for mitigation of punishment, such as short-term repeated crimes: confession, difficulty in rehabilitation, etc.;

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