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(영문) 창원지방법원 2017.07.06 2017고단1502
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

On April 13, 2017, the Defendant driven a BM5 car at a section of approximately 100 meters from the Do before the Mac-dong Mac-dong, Mac-dong, Kimhae-si to the road front of the Mac-dong, Mac-dong, Mac-dong, GM5 car while under the influence of alcohol content 0.216% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects in violation of traffic laws on roads;

1. Statement and investigation report on the circumstances of the driver at the main place of business (the circumstantial report on the driver at the main place of business);

1. The application of statutes on the ledger of response to requests for appraisal and the collection of blood;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for the Reduction of Small Quantity (see, e.g., Supreme Court Decision 2003Da15488, Apr. 1, 201; Supreme Court Decision 2003Da1248, Apr. 22, 201; Supreme Court Decision 2008Da1288, Apr. 1, 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

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