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(영문) 창원지방법원 진주지원 2017.10.17 2017고단448
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

On January 17, 201, the Defendant received a summary order of a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) in the support of the method of Suwon Friwon on January 17, 201, and had the records of two identical crimes.

The Defendant driven a motor vehicle under the influence of alcohol more than twice as seen above, and driven the Defendant’s Bcopon Dok-type cargo under the influence of alcohol content of about 0.166% from the 3km section to the Samsung Aud road located in the same city-dong from Jun. 13, 2017, around 00:40, in the same city-si, from Jun. 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (a confession of a crime and a person who has no record of reflection, suspension of execution or heavier punishment);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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