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(영문) 창원지방법원 2017.05.30 2017고단823
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 June 16, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court, and on October 24, 2011, the said court issued a summary order of KRW 1 million for the same crime.

1. On March 2, 2017, the Defendant: (a) driven Cbee or car under the influence of alcohol with approximately 0.065% alcohol concentration on the part of approximately 2km from the front side of the packing horse in which the trade name located in Seocheon-dong, Busan is unknown, around March 18, 2017, to the front side of the Seocheon-do, Busan, in which around 18:00, the Defendant driven Cbee or car while under the influence of alcohol with approximately 0.065% alcohol concentration in blood.

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.

2. On March 3, 2017, the Defendant violated the Road Traffic Act (drinking driving) around March 3, 2017, driving Cbee or a car under the influence of alcohol with a maximum of 0.105% alcohol content of 0.105% in the front of the new apartment road located in Kimhae-si, an outer Dong around 00:25 on March 3, 2017.

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. Reporting on the detection of suspected victims of violating traffic laws on roads;

1. Statement in the circumstances of driving each week;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are as follows: the age, sex, environment, and motive and means of committing the crime.

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